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Dying Without A Will

Estates Code 201.001 to 201.003 — who inherits, and what a spouse takes of community and separate property

Community property. In Texas, when a person dies without a will leaving a spouse, the community estate passes to the surviving spouse if no child or descendant survives, or if all the surviving children and descendants are also the spouse's. Where a child or descendant is not also the spouse's, the deceased spouse's one-half of the community estate passes to the children and descendants.

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Separate property, with a spouseChildren or their descendants surviveNo child or descendant survives
Separate property, with a spousePersonal propertyChildren or their descendants surviveThe spouse takes one-third; the children take two-thirdsNo child or descendant survivesAll to the spouse
Separate property, with a spouseLandChildren or their descendants surviveThe spouse has a life estate in one-third; the rest to the childrenNo child or descendant survivesOne-half to the spouse, one-half by the rules of descent

With no child or descendant, and no surviving parent or sibling or their descendants either, the surviving spouse takes the entire estate.

  • With no spouse, the estate passes to the children and their descendants.
  • If none survive, to the father and mother in equal portions.
  • If only one parent survives, half to that parent and half to the siblings and their descendants, or all to the parent if there are none.
  • If neither parent survives, to the siblings and their descendants.
  • Beyond them, half to the father's side and half to the mother's, starting with the grandparents.
Sources for this section (3)
  1. undefined 201.001 — Estate of person who dies intestate without spouse
  2. undefined 201.002 — Separate estate of an intestate
  3. undefined 201.003 — Community estate of an intestate

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.

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Words in this section

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.