What Happens If You Die Without a Will in Texas?

In Texas, whether your parents are alive significantly affects what your spouse inherits. If neither parent survives you, your spouse inherits everything. But if a parent is still living, your spouse must share the estate with them—typically receiving a fixed dollar amount plus a percentage of the remainder, with the rest going to your parents. This surprises many couples who assume everything goes to the surviving spouse. A will ensures your spouse receives your full estate if that's your preference.

When you have children from a prior relationship in Texas: Community property: spouse keeps their half, children get the rest. Separate property: 1/3 of cash/investments, plus right to live in 1/3 of real estate for life. Blended families often have the most to gain from estate planning, as intestacy rules may not reflect your actual wishes for how to provide for both your spouse and children from different relationships.

Texas requires heirs to survive you by 120 hours (5 days) to inherit. If an heir dies within this window, they're treated as having died before you, and their share passes to the next eligible heirs. This prevents the complication of assets passing through multiple estates when family members die close together—such as in an accident or during a shared illness. The 5-day period gives time for the situation to stabilize before determining who ultimately inherits.

Texas uses "per capita at each generation" distribution—a modern approach that treats grandchildren more fairly than traditional rules. If one of your children dies before you, their share doesn't just pass to their children (your grandchildren). Instead, all grandchildren from all deceased children pool together and divide that combined share equally. This prevents the unfairness that can occur when one deceased child had four kids while another had one—under older "per stirpes" rules, those grandchildren would receive dramatically different amounts despite being in the same generation.

Texas's intestacy laws are codified in Tex. Est. Code § 201.002. These statutes define exactly who inherits and in what proportions when someone dies without a valid will. The rules can change through legislative action, so anyone relying on intestacy should verify current law. More importantly, these default rules rarely match what people actually want—creating a will or trust lets you choose your beneficiaries rather than letting the state decide for you.