What happens if you die without a will in Texas

If someone dies in Texas without a valid will, Chapter 201 of the Texas Estates Code decides who inherits. The answer depends on whether there is a surviving spouse, whether there are children (and whose children they are), and whether each asset is community or separate property. The family usually needs a court process or a sworn affidavit to show who the heirs are.

This is general information, not legal advice. Talk to a licensed Texas attorney about your situation.

What is the difference between community and separate property in Texas?

Separate property is what a spouse owned before the marriage, plus what they received during the marriage as a gift or inheritance, plus most personal-injury recoveries. Community property is everything else either spouse acquired during the marriage. Texas presumes property owned during the marriage is community property unless clear and convincing evidence shows otherwise. Source: Tex. Family Code §§3.001-3.003. How an item is classified can be a legal question, so an attorney can help.

Who inherits if there is a spouse and children?

Community property: it all goes to the surviving spouse if every child of the person who died is also a child of the surviving spouse. If the person who died had a child from another relationship, their half of the community property goes to their children, and the surviving spouse keeps their own half. The community property passes along with the community debts. Source: Tex. Estates Code §201.003.
Separate property: the spouse gets one-third of the personal property (money, cars, belongings) and the children get two-thirds. For land, the spouse gets the right to use one-third for life (a "life estate"), and the children get the rest. Source: §201.002.

Who inherits if there is a spouse and no children?

From the separate property, the spouse gets all of the personal property and half of the land. The other half of the land goes to the parents, siblings or their descendants, following the order below. If there are no parents, siblings or siblings' descendants, the spouse gets the entire separate estate. Community property goes to the spouse. Source: §201.002, §201.003.

Who inherits if there is no spouse?

Under §201.001, the order is:

Children and their descendants get everything.
With no children or descendants, both parents share equally.
If only one parent is alive, that parent gets half and the siblings (or their descendants) share the other half. With no siblings, the surviving parent gets everything.
With no parents, the siblings and their descendants get everything.
If none of these relatives are alive, the estate is split in half between the father's side and the mother's side of the family, starting with the grandparents.

Worked example (made up, for illustration only)

Maria dies with no will. She is married to Luis, they have two children together, and they bought a house and saved money during the marriage. Because all of Maria's children are also Luis's children, her half of the community property goes to Luis. Maria also owned a small lot she inherited from her mother before the marriage, which is her separate property and is land. Luis gets the right to use one-third of that lot for his lifetime, and the children get the rest. An attorney would confirm how each asset is classified.

What does this mean for a family in practice?

Heirs have to be shown. Often this means a court proceeding to declare heirship (Estates Code ch. 202). For smaller estates, Texas has a small estate affidavit when the estate's assets, not counting the homestead and exempt property, are $75,000 or less; a judge must approve it (ch. 205). An attorney can tell you which path fits.
The family home has extra protection. The heirs cannot divide the homestead while the surviving spouse chooses to live in it (§102.005).
Some people are not heirs by default. A partner who was never married to the person, a stepchild who was never adopted, and close friends do not inherit under these rules. Texas does recognize informal ("common-law") marriage when its legal requirements are met (Family Code §2.401), so ask an attorney if that may apply.
Timing matters. An heir has to outlive the person by at least 120 hours to inherit (§121.052).
Some assets pass outside these rules, such as accounts and policies with a named beneficiary.
What nobody knows about is hardest to find. See finding a deceased person's unclaimed money* and life insurance policies*.

How do you choose instead of leaving it to the default rules?

A will lets you decide who gets what, and a licensed Texas attorney can help you write one that fits your family. See will vs. life operations manual. FamiliaLista works alongside your will. It keeps the list of what you have, who to call, where the will is and what you want your family to know, and delivers it to your people only if you're ever gone or unreachable.

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Frequently asked questions

Who inherits if there is no will in Texas?

Texas Estates Code Chapter 201 decides. The answer depends on whether there is a spouse, whether there are children and whose children they are, and whether the property is community or separate.

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

Not always. If you have a child from another relationship, or you own separate property, your children can inherit part of your estate.

Do unmarried partners inherit in Texas without a will?

No, not by default. Texas recognizes informal (common-law) marriage when its requirements are met, so a licensed attorney can tell you whether that applies.

Do we have to go to court if there is no will?

Usually the heirs must be shown through a court proceeding or, for smaller estates, a small estate affidavit that a judge approves. A Texas probate attorney can tell you which option fits.

Is this legal advice?

No. It is a general overview of Texas law as of October 2026. Talk to a licensed Texas attorney about your situation.

Sources

General information, not legal or financial advice. Rules change; check the official sources above or talk to a licensed professional about your situation.