Who inherits with no will in texas is a question thousands of families face every year, often in the first raw weeks after a death. The short answer is that Texas answers it for you. When someone dies without a valid will, the Texas Estates Code steps in and writes one automatically. Lawyers call this dying “intestate.
” The state’s rules decide who gets the house, the bank accounts, and the truck. However, those rules may not match what your loved one would have chosen. In most cases, the biggest surprise is that a surviving spouse does not automatically inherit everything. Understanding the shares ahead of time removes a lot of fear from an already hard season.
Community property vs. separate property: the fork in the road
Texas is a community property state. That single fact drives almost every intestacy outcome. Community property is generally what the couple earned or bought during the marriage. Separate property is what a spouse owned before marriage, or received during marriage by gift or inheritance.
Under Texas Estates Code § 201.003, community property passes entirely to the surviving spouse if every child of the deceased is also a child of that spouse. For example, a couple married 30 years with two shared children: the spouse keeps 100% of the community estate. However, if the deceased had even one child from another relationship, the deceased’s one-half of the community property passes to all of the children, not the spouse. The spouse keeps only their own half.
Separate property follows a different formula under § 201.002. That is where the famous “one-third life estate” comes from, and it surprises many families.
Who inherits with no will in texas: the exact shares
The table below shows the default shares. These are the statutory rules courts apply when there is no will.
| Family situation | Who inherits | Statute |
|---|---|---|
| Spouse + children, all shared | Spouse takes 100% of community property | § 201.003(b) |
| Spouse + a child from another relationship | Children take the decedent’s 1/2 of community property; spouse keeps their own 1/2 | § 201.003(c) |
| Spouse + children (separate property) | Spouse: 1/3 of personal property outright + life estate in 1/3 of the land. Children: 2/3 of personal property + all land at remainder | § 201.002(b) |
| Spouse, no children | Spouse: all personal property + 1/2 of separate land. Other 1/2 of land to parents/siblings | § 201.002(c) |
| Spouse, no children, no parents or siblings | Spouse takes everything | § 201.002(d) |
| No spouse, children only | Children equally, per capita with representation | § 201.001(b) |
| No spouse, no children, both parents living | 1/2 to each parent | § 201.001(c) |
| One parent + siblings | 1/2 to the parent, 1/2 split among siblings | § 201.001(d) |
| No parents or siblings | Estate splits into halves: one to paternal kindred, one to maternal kindred | § 201.001(g) |
A few extra rules matter. Half-siblings inherit half as much as whole siblings under § 201.057. Legally adopted children inherit exactly like biological children under § 201.054. An heir must survive the decedent by at least 120 hours to inherit, per § 121.052. Texas has no state estate tax and no inheritance tax, so no state death tax applies at any value. Federally, only estates above $15 million per person in 2026 owe estate tax, at a 40% rate.
Practical next steps when there is no will
Start by making a simple list of assets and how each one is titled. Typically, life insurance, retirement accounts, and pay-on-death bank accounts pass by beneficiary form and skip probate entirely. Those are not controlled by intestacy at all.
If the remaining non-exempt assets are worth $75,000 or less, many families can use a Small Estate Affidavit under Estates Code § 205.001. The homestead does not count toward that $75,000. You must wait 30 days after the death, and the assets must exceed the known debts other than a homestead lien. Otherwise, the usual route is a Determination of Heirship under Chapter 202. In that proceeding a judge names the heirs, and the court appoints an attorney ad litem to represent unknown heirs. Two disinterested witnesses usually testify about the family history.
For deed and title questions, an Affidavit of Heirship under § 203.002 is sometimes recorded in the county property records. It becomes prima facie evidence after five years. Free forms and plain-English guides are available from the Texas courts’ self-help partner at TexasLawHelp.org. As a result of these options, plenty of families resolve small estates without a lengthy court fight. Still, check with your county probate court or a licensed Texas attorney before filing.
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Frequently Asked Questions
Does my spouse automatically get everything if I die without a will in Texas?
Not always. Who inherits with no will in texas depends on whether property is community or separate, and on whether you have children from a prior relationship. In many blended families, the children inherit the deceased spouse’s half of the community property.
What happens to my house?
The house follows the same rules, though the surviving spouse generally has a homestead right to live there for life under the Texas Constitution. However, ownership may still pass to the children. This is one reason who inherits with no will in texas causes so much confusion.
Can an unmarried partner inherit?
No. Texas intestacy recognizes only legal spouses, including valid common-law (informal) marriages, and blood or adopted relatives. Therefore, who inherits with no will in texas never includes a girlfriend, boyfriend, stepchild, or close friend. Only a will, trust, or beneficiary designation can include them.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified September 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.