Does my spouse automatically get everything if I die without a will in Texas?

Only in one family shape. The deceased spouse's share of the COMMUNITY estate passes entirely to the surviving spouse only if there are no surviving children/descendants, or if ALL of the deceased spouse's children are also the surviving spouse's children (Tex. Est. Code s. 201.003(b)). If even one child is from outside the marriage, the deceased spouse's one-half of the community estate passes to the children instead (s. 201.003(c)) — the blended-family trap.

What happens to separate property without a will?

Separate property follows Tex. Est. Code s. 201.002: with a spouse and children, the spouse takes one-third of separate personal property and a one-third life estate in separate real property, with the rest to the children. With a spouse and no children, the spouse takes all separate personal property and half the separate real property outright — the other half passes to the decedent's parents or their line, unless none survive.

Who inherits if there is no spouse?

The estate passes to the decedent's children and their descendants; if none, to parents and their line under the ordered scheme in Tex. Est. Code ss. 201.001 and 201.101 (which also fixes HOW descendants divide — per capita with representation).

Does intestacy make probate more expensive in Texas?

Usually, yes. Without a will there is no named independent executor, so the estate may need a court-supervised dependent administration or a judicial determination of heirship (Tex. Est. Code ch. 202) before anyone can act — extra hearings, an attorney ad litem for unknown heirs, and bond. Distributee consents can still create an independent administration (ss. 401.003-401.004), but only if every distributee agrees.

Can a small intestate estate skip probate entirely?

Sometimes. A qualifying intestate estate of $75,000 or less (excluding homestead and exempt property) can use the small estate affidavit under Tex. Est. Code ch. 205 — 30 days after death, with no personal-representative application pending, assets exceeding known liabilities, and title transfer available only for a homestead (s. 205.006).

Dying Without a Will in Texas: Who Inherits

Last updated July 18, 2026

Die without a valid will in Texas and the Estates Code decides who inherits — by family shape, not by what you would have wanted. The rules split along the line Texas draws through every marriage: community property versus separate property. This is general information about Texas law, not legal advice.

The community estate (s. 201.003)

All children shared → spouse takes all

If every child of the deceased spouse is also the surviving spouse's child (or there are no children), the deceased spouse's one-half of the community estate passes to the surviving spouse — the survivor ends up owning the whole community estate.

Any child from outside the marriage → the trap

If even one child is from another relationship, the deceased spouse's one-half of the community estate passes to ALL the children — and the surviving spouse keeps only their own half. The family home can end up co-owned by a widow and her stepchildren.

Separate property (s. 201.002)

With children

The spouse takes one-third of separate personal property and a life estate in one-third of separate real property; the children take the rest, subject to that life estate.

No children

The spouse takes all separate personal property and one-half of separate real property outright; the other half passes to the decedent's parents and their line — only if none survive does the spouse take all.

Why intestacy costs more

No will means no named independent executor: expect a judicial determination of heirship (ch. 202) or a court-supervised dependent administration unless every distributee consents to independence (ss. 401.003-401.004). A one-page will with an independent-executor clause avoids most of it.

Don't let the intestacy statutes write your plan. A guided Texas will takes an evening.

Start your Texas will

General information about Texas law, not legal advice, and not a substitute for the advice of an attorney. EstateDraft is software, not a law firm.

Frequently asked questions

Does my spouse automatically get everything if I die without a will in Texas?: Only in one family shape. The deceased spouse's share of the COMMUNITY estate passes entirely to the surviving spouse only if there are no surviving children/descendants, or if ALL of the deceased spouse's children are also the surviving spouse's children (Tex. Est. Code s. 201.003(b)). If even one child is from outside the marriage, the deceased spouse's one-half of the community estate passes to the children instead (s. 201.003(c)) — the blended-family trap.
What happens to separate property without a will?: Separate property follows Tex. Est. Code s. 201.002: with a spouse and children, the spouse takes one-third of separate personal property and a one-third life estate in separate real property, with the rest to the children. With a spouse and no children, the spouse takes all separate personal property and half the separate real property outright — the other half passes to the decedent's parents or their line, unless none survive.
Who inherits if there is no spouse?: The estate passes to the decedent's children and their descendants; if none, to parents and their line under the ordered scheme in Tex. Est. Code ss. 201.001 and 201.101 (which also fixes HOW descendants divide — per capita with representation).
Does intestacy make probate more expensive in Texas?: Usually, yes. Without a will there is no named independent executor, so the estate may need a court-supervised dependent administration or a judicial determination of heirship (Tex. Est. Code ch. 202) before anyone can act — extra hearings, an attorney ad litem for unknown heirs, and bond. Distributee consents can still create an independent administration (ss. 401.003-401.004), but only if every distributee agrees.
Can a small intestate estate skip probate entirely?: Sometimes. A qualifying intestate estate of $75,000 or less (excluding homestead and exempt property) can use the small estate affidavit under Tex. Est. Code ch. 205 — 30 days after death, with no personal-representative application pending, assets exceeding known liabilities, and title transfer available only for a homestead (s. 205.006).

General information about Florida law, not legal advice.