If you die without a valid will in Texas, you are said to die “intestate,” and state law — not you — decides who inherits. The result surprises many families, because Texas splits property differently depending on whether it is community or separate property and who survives you. Here is the short version, then the details.
The Short Answer
Your spouse does not automatically inherit everything. How your estate is divided depends on whether you were married, whether you had children, and whether those children are also your spouse’s. Texas law follows a fixed formula that frequently divides assets among a spouse, children, and sometimes parents or siblings in ways most people would not choose.
Community Property vs. Separate Property
Texas is a community property state. Roughly speaking, community property is what you and your spouse acquired during the marriage; separate property is what you owned before marriage or received by gift or inheritance. Intestacy treats them differently:
- If all your children are also your spouse’s children, your spouse generally keeps the community property.
- If you have children from another relationship, your half of the community property passes to your children, not your spouse — a common and painful surprise in blended families.
- Separate personal property and separate real estate are split among spouse and children under separate statutory fractions.
What Intestacy Cannot Do
Dying without a will means no one is named to raise your minor children and no one is named to settle your estate — the court has to appoint both, which takes longer and costs more. You also lose the chance to leave anything to a friend, an unmarried partner, a charity, or a stepchild, since intestacy only recognizes legal relatives.
Smaller Estates: The Small Estate Affidavit
If someone dies without a will and the estate, excluding the homestead and certain exempt property, is worth $75,000 or less, the heirs may be able to use a small estate affidavit instead of full probate. It is limited, but it can save time and money in the right case.
Frequently Asked Questions
Does my spouse get everything if I die without a will in Texas?
Usually not. Especially in blended families, part of your estate can pass to your children instead of your spouse.
Who settles the estate if there is no will?
The court appoints an administrator, often a family member, after an heirship proceeding to determine the legal heirs.
How do I avoid all this?
Make a valid will, or a will plus a revocable living trust. It is the only way to keep the decisions in your hands.
Put Your Wishes in Writing
Do not leave it to a formula. Call 713-955-6182 or contact The De Leon Law Firm.