Texas inheritance laws govern how property is distributed after someone passes away. These laws are outlined in the Texas Estates Code and provide a framework for the orderly transfer of assets from one generation to the next.
When dealing with the loss of a loved one, understanding these laws is crucial for unwinding a loved one’s legacy and managing any disputes or misunderstandings over the settling of the estate.
Testate Vs. Intestate Succession
In Texas, inheritance follows one of two paths: testate succession or intestate succession.
Testate succession occurs when the deceased person (decedent) has a valid will that specifies how their property should be distributed.
Intestate succession applies when someone dies without a will, in which case Texas law determines who inherits the property according to a predetermined order of succession based on family relationships.
How Property Distribution Works When There Is a Will
When a valid will exists, the distribution of property generally follows the testator's (the person who made the will) wishes as expressed in the will. The executor named in the will is responsible for:
- Filing the will with the probate court
- Gathering the decedent's assets
- Paying debts and taxes
- Distributing remaining assets according to the will's instructions
In Texas, a testator has broad freedom to distribute property as they wish, with some limitations regarding community property.
Read our complete Step-by-Step Guide on the Texas Probate Process.
Contesting a Will in Texas
A will may be contested in Texas on the following grounds:
- Lack of testamentary capacity
- Undue influence over the testator
- Fraud or forgery
- Improper execution (not meeting legal requirements)
- Existence of a newer valid will
Will contests must generally be filed within two years after the will is admitted to probate. Only "interested persons" (those who have a claim against the estate) may contest a will.
What Happens If Someone Passes Away Intestate (Dying Without a Will) in Texas?
Dying intestate means passing away without a valid will. When this happens, Texas intestate succession laws determine who inherits your property. These laws attempt to distribute assets according to what the Texas Legislature believes most people would want but may not reflect the family’s actual wishes in the absence of a will.
Spousal Inheritance Rights Without a Will
Texas is a community property state, which significantly affects inheritance rights. Community property includes most assets acquired during marriage, while separate property includes assets owned before marriage or received as gifts or inheritances during marriage.
Per Texas inheritance law, separate property is distributed differently than community property when someone dies without a will.
Here’s how community property is distributed when someone dies without a will:
- If the deceased has no children, or all children are also children of the surviving spouse, the surviving spouse inherits all community property.
- If the deceased has children from another relationship, the surviving spouse keeps half of the community property, and the deceased's children inherit the other half.
Here’s how separate property is distributed when someone dies without a will:
- If the deceased is survived by a spouse and children, the spouse receives one-third of the separate personal property and a life estate in one-third of the separate real property (with the children receiving the remainder).
- If the deceased is survived by a spouse but no children or descendants, the spouse receives all separate personal property and half of the separate real property (with the deceased's parents, siblings, or their descendants receiving the other half).
Children's Inheritance Rights Without a Will
Biological children have strong inheritance rights under Texas intestate succession laws. When a parent dies without a will:
- If both parents are deceased, children inherit all of the estate.
- If one parent survives, children share the deceased parent's separate property with the surviving spouse as outlined above.
Legally adopted children have the same inheritance rights as biological children in Texas. They can inherit from their adoptive parents but generally cannot inherit from their biological parents.
Children born outside marriage can inherit from their mother automatically. To inherit from their father, paternity must be legally established through:
- A court decree
- The father's acknowledgment of paternity
- The father's marriage to the mother after the child's birth
- DNA testing
- Clear and convincing evidence of paternity
Parent's Rights to Inherit from Children
If a child dies without a will and has no spouse or children:
- Parents inherit the child's entire estate if both parents are living.
- If only one parent is living, that parent receives half the estate, and the other half passes to the deceased child's siblings or their descendants.
- If no parents, siblings, or descendants of siblings survive, more distant relatives may inherit according to the order specified in the Texas Estates Code.
Stepchildren Inheritance Rights When There Is No Will
Stepchildren have no automatic inheritance rights under Texas intestate succession laws. A stepchild can only inherit from a stepparent if:
- The stepparent legally adopted the stepchild
- The stepparent included the stepchild in their will
- The stepchild was named as a beneficiary on non-probate assets (like life insurance or retirement accounts)
Grandchildren's Inheritance Rights When There Is No Will
Grandchildren typically inherit only if their parent (the decedent's child) is deceased. This is called "representation" or "right of representation." For example:
- If a person dies with three children but one child predeceased them leaving two children (grandchildren of the decedent), the estate would be divided into three shares.
- The two surviving children would each receive one share.
- The two grandchildren would split the third share that would have gone to their deceased parent.
Half-Siblings Inheritance Rights Without A Will
In Texas, half-siblings have the same inheritance rights as full siblings when it comes to inheriting from their shared parent. However, half-siblings do not inherit from step-parents unless adopted.
Recent Changes to Texas Inheritance Laws
Texas inheritance laws have seen several important updates in recent years:
- Digital Assets Law (2017): The Texas Estates Code now includes provisions for digital assets under the Revised Uniform Fiduciary Access to Digital Assets Act, allowing executors and administrators access to a deceased person's digital accounts and assets, such as social media accounts and online photo albums.
- Texas Real Property Transfer on Death Act (2015): Established Transfer on Death Deeds (TODDs) in Texas to allow property owners to designate beneficiaries who will automatically receive real property upon the owner's death. In 2021, the Texas Legislature made significant updates to the Act to clarify procedures for revoking TODDs, address issues related to multiple beneficiaries, and to refine provisions regarding creditor claims.
- Remote Witnessing (2021): In response to the COVID-19 pandemic, Texas modified rules to allow for remote witnessing of certain estate planning documents under specific circumstances.
- Changes to Guardianship Laws in Texas (2023): Recent amendments have strengthened protections for individuals under guardianship and streamlined certain guardianship proceedings.
Texas Inheritance Laws FAQs
Does A Spouse Automatically Inherit Everything In Texas?
No, a spouse does not automatically inherit everything in Texas, especially without a will. The surviving spouse's inheritance depends on whether the property is community (property acquired during the marriage) or separate (property acquired before the marriage or gifted or inherited to the decedent during the marriage) and whether the deceased had children.
What Is A Child Entitled To When A Parent Dies Without A Will In Texas?
When a parent dies without a will in Texas, a child's right to inherit depends on whether both parents are deceased and whether the property is community or separate property.
Generally, if a married parent dies leaving children who are also children of the surviving spouse, those children will not immediately inherit any community property but will inherit a portion of separate property.
If the children are from another relationship, they inherit half of the community property and a portion of the separate property.
Do Stepchildren Have Inheritance Rights In Texas?
Stepchildren have no automatic inheritance rights in Texas unless they were legally adopted by the stepparent or named in the stepparent's will or beneficiary designations.
How Do Grandchildren Inherit If Their Parent Dies Before The Grandparent When There Is No Will?
Under Texas's “per stirpes” distribution (meaning property is distributed “by branch” or by family line), grandchildren inherit their deceased parent's share of the grandparent's estate.
If their parent (the child of the decedent) is still alive, grandchildren generally do not inherit directly from grandparents in intestate succession.
What Is the Order Of Inheritance In Texas?
The rules for inheritance are codified at Chapter 201 of the Texas Estates Code in what are called the Rules for Descent and Distribution. Who gets what is based on whether the deceased was married, had children, and whether they had any other surviving family members.
Families – like most things in life – are complicated. The easiest way to understand these rules is to visualize them. This Texas Descent and Distribution chart summarizes the order of inheritance when there is no will. The chart is available on the Probate Courts Forms page of the Dallas County website and is compliments of Judge Guy Herman, Travis County Probate Court No. 1.
Get Experienced Legal Counsel When Inheritance Issues Arise
When disputes over wills, inheritance rights, or property distribution arise, having knowledgeable legal representation is crucial to protect your interests and ensure fair treatment under Texas law.
Our probate litigation attorneys specialize in resolving inheritance conflicts, contesting invalid wills, defending against improper claims, and navigating complex estate administration issues. With in-depth knowledge of Texas inheritance laws and extensive experience in the probate courts of Harris, Fort Bend, Montgomery, and Galveston Counties, we advocate vigorously for heirs, beneficiaries, and executors.
Don't face inheritance disputes alone. Contact our experienced probate litigation team today for a confidential consultation.