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.
| Separate property, with a spouse | Children or their descendants survive | No child or descendant survives |
|---|---|---|
| Separate property, with a spousePersonal property | Children or their descendants surviveThe spouse takes one-third; the children take two-thirds | No child or descendant survivesAll to the spouse |
| Separate property, with a spouseLand | Children or their descendants surviveThe spouse has a life estate in one-third; the rest to the children | No 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)
- undefined 201.001 — Estate of person who dies intestate without spouse
- undefined 201.002 — Separate estate of an intestate
- 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.