Texas Estate Tax

Texas Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 13, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Texas — exactly who inherits under Texas’s intestate-succession law, and what surprises families most. All shares are from Texas statute, verified as of June 2026.

Who Inherits When There Is No Will in Texas

Here is exactly how Texas divides an estate when there is no will:

If the person leaves… Who inherits in Texas
Spouse, no children Texas is a community property state, so the answer depends on the type of property. COMMUNITY PROPERTY: the surviving spouse inherits the decedent’s entire one-half of community property (the spouse already owns their own half), resulting in 100% of the community estate. SEPARATE PERSONAL PROPERTY: the spouse inherits all if the decedent left no surviving parents, siblings, or descendants of siblings; if any of those exist, the spouse inherits all of the separate personal property. SEPARATE REAL PROPERTY: the spouse inherits all if no parents, siblings, or their descendants survive; if any of those exist, the spouse inherits one-half and the other one-half passes to the decedent’s parents, siblings, or their descendants under Section 201.001.
Spouse + shared children COMMUNITY PROPERTY: the surviving spouse inherits all of the decedent’s one-half of community property (Section 201.003(b)(2)), so the spouse receives the entire community estate. SEPARATE PERSONAL PROPERTY: the spouse inherits one-third; the children inherit two-thirds. SEPARATE REAL PROPERTY: the spouse receives a life estate in one-third (not ownership); the children inherit the remaining two-thirds outright plus the remainder interest in the spouse’s one-third life estate after the spouse dies.
Spouse + children from another relationship COMMUNITY PROPERTY: the surviving spouse keeps only their own one-half of community property; the decedent’s one-half passes entirely to the decedent’s children and their descendants (Section 201.003(c)). The spouse receives nothing from the decedent’s share. SEPARATE PERSONAL PROPERTY: the spouse inherits one-third; the children inherit two-thirds. SEPARATE REAL PROPERTY: the spouse receives a life estate in one-third; the children inherit the remaining two-thirds outright plus the remainder in the spouse’s one-third after the spouse dies. This is the same rule as shared children for separate property but critically different for community property.
Children, no spouse The children inherit the entire estate equally, per stirpes. If a child predeceased the decedent but left descendants, those descendants take the deceased child’s share by representation.
No spouse, no children The estate passes in this order under Section 201.001: (1) to the decedent’s father and mother in equal shares; if only one parent survives and there are no siblings or their descendants, the surviving parent takes the entire estate; if one parent survives and there are siblings or their descendants, the parent takes one-half and the siblings and their descendants take the other one-half; (2) if no parents survive, the estate passes to siblings and their descendants; (3) if none of the above survive, the estate is divided into two equal moieties — one-half to the paternal kindred and one-half to the maternal kindred, passing through grandparents, then aunts and uncles, then more remote kin on each side; (4) if kindred exist on only one side, that side takes the entire estate.
No living relatives (escheat) The estate escheats to the State of Texas only if no heirs can be found on either the paternal or maternal side. This is extremely rare.

These shares come from Texas intestate-succession law (Texas Estates Code Chapter 201 (Sections 201.001, 201.002, 201.003)).

How Texas divides shares among descendants: Per stirpes (Section 201.101). Property passes by branch — if an heir predeceases the decedent, that heir’s share passes to their own descendants by representation.

Texas homestead and family allowance: Texas provides strong homestead protections separate from intestacy. Under Estates Code Chapter 102, the surviving spouse has an exclusive right to occupy the homestead for life, even if the home is the decedent’s separate property. Minor children also have homestead occupancy rights.

Under Estates Code Chapter 353, the court may order a family allowance for one year to support the surviving spouse, minor children, and incapacitated adult children, paid before all claims except funeral and last-illness expenses. There is also an allowance in lieu of homestead up to 45000 and an allowance in lieu of other exempt property up to 30000.

Half-blood relatives in Texas: Under Section 201.057, if collateral kindred (siblings, aunts, uncles, cousins) include both whole-blood and half-blood relatives, each half-blood relative inherits one-half the share of each whole-blood relative. If all collateral kindred are half-blood, each inherits an equal share.

Assets That Pass Outside Texas Intestate Rules

Assets with named beneficiaries (life insurance, retirement accounts, POD/TOD bank and brokerage accounts), property held in joint tenancy with right of survivorship, community property with right of survivorship agreements, and assets in revocable or irrevocable trusts all pass outside Texas intestate succession rules and are not governed by Chapter 201.

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Other Texas intestacy rules: Texas is a community property state, which is the most important distinction from common-law states. The intestate rules split into separate tracks for community property and separate property, and the rules differ significantly between the two — particularly when the decedent has children from a prior relationship.

For community property, the surviving spouse may lose the decedent’s entire half if any child is not also the spouse’s child. For separate real property, the spouse receives only a life estate in one-third (not outright ownership), which is unusual compared to many states. Stepchildren, foster children, and unmarried partners cannot inherit under Texas intestacy unless a legal adoption or marriage exists.

The Texas State Law Library also provides a free probate guide at https://guides.sll.texas.gov/probate/when-there-is-no-will.

What Dying Without a Will in Texas Really Means

When someone dies without a will in Texas, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Texas divides an estate when someone is dying without a will in Texas, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Texas helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Texas depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Texas, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

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Official Texas Sources & Resources

This Texas intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Texas Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.