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Home→Tools→Who Inherits Calculator→Texas

What Happens If You Die Without a Will in Texas?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

Frequently Asked Questions

Texas intestacy laws determine who inherits when there is no will.Tex. Est. Code § 201.002Verified May 27, 2026 As a community property state, Texas distinguishes between community property (acquired during marriage) and separate property (owned before marriage or received as a gift or inheritance). The surviving spouse's share differs for each type. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Texas depends on family structure.Tex. Est. Code § 201.002Verified May 27, 2026 With no children: Community: 100% to spouse. Separate personal: 100%. Separate real: 1/2 if parents/siblings survive, 100% if none survive.. With shared children: Community property: 100% to spouse. Separate property: 1/3 of cash/investments outright, plus right to live in 1/3 of real estate for life.. When children from a prior relationship survive: 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..

Texas uses the "per stirpes" distribution method.Tex. Est. Code § 201.101Verified May 27, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per capita with representation (fka per stirpes)

Texas requires an heir to survive the decedent by 120 hours to inherit.Tex. Est. Code § 201.002Verified May 27, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Texas intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.Tex. Est. Code § 201.002Verified May 27, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Texas will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Texas depend on estate size and complexity. Estates valued at $75,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Texas probate cost calculator for a detailed estimate.

Texas is a community property state, meaning most assets acquired during marriage are jointly owned.Tex. Est. Code § 201.002Verified May 27, 2026 When one spouse dies without a will, the surviving spouse's share of community property and separate property are calculated under different rules. Community property with shared children: Community property: 100% to spouse. Separate property: 1/3 of cash/investments outright, plus right to live in 1/3 of real estate for life.. Separate property follows a different distribution depending on surviving relatives.

Intestacy Laws in Texas

Texas is one of the community property states, which means the YesTex. Est. Code § 201.002Verified May 27, 2026 classification determines how intestate estates are divided. The surviving spouse's share differs significantly between community and separate property.

Texas distributes assets to descendants using the Per stirpesTex. Est. Code § 201.101Verified May 27, 2026 method. An heir must survive the decedent by 120 hoursTex. Est. Code § 201.002Verified May 27, 2026 to inherit — otherwise, their share passes to the next eligible relative.

For smaller estates, Texas offers a simplified procedure for estates under $75,000Tex. Est. Code § 205.001/205.006Verified May 27, 2026, avoiding formal probate entirely. The probate cost calculator provides a detailed fee estimate for estates that exceed this threshold.

Intestacy rules only apply to assets without a designated beneficiary or title-based transfer. A revocable living trust overrides intestacy law, names specific beneficiaries, and avoids Texas probate entirely — assets transfer privately without court involvement.

SimplyTrustSimplyTrust Editorial·Updated May 27, 2026

Legal Sources

  • Tex. Est. Code § 201.002
  • Tex. Est. Code § 201.101
  • Tex. Est. Code § 205.001/205.006

Data sourced from Texas statutes and official state code. How we research.

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Texas Estate Planning Resources

In-depth guides covering Texas probate laws, trust requirements, and estate planning strategies.

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See Who Inherits

Select your state and answer questions about your family to see how your estate would be distributed under intestacy law.

Quick examples:

This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.

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