Intestate Succession Laws

If a person dies without a will in Texas, their estate is distributed according to the Texas intestacy laws. These laws establish a strict inheritance hierarchy, ensuring assets pass to the closest living relatives. Understanding the process can help surviving family members navigate estate settlement effectively.

What Happens When Someone Dies Without a Will in Texas?

When a person passes away intestate (without a will), their estate:

If no valid heirs exist, the estate may eventually escheat to the State of Texas, meaning the government takes ownership of the assets.

How to Settle an Estate Without a Will in Texas

The process for settling an estate without a will depends on the estate’s size and complexity:

1. Small Estate Affidavit (For Estates Under $75,000)

2. Formal Intestate Probate (For Larger Estates)

If the estate exceeds $75,000 or includes real estate, probate is required.

Steps in the Probate Process:

Texas Intestate Succession Laws

Texas law determines inheritance based on the deceased’s family structure. The estate is divided among the closest relatives according to a set formula.

Who Inherits Under Texas Intestate Succession Laws?

If the deceased left behind…	Who Inherits?
Spouse, no children, no parents	Spouse inherits entire estate.
Spouse and mutual children	Spouse inherits all community property, 1/3 of personal property, and a life estate in real estate. Children inherit the remaining estate.
Spouse and children from another relationship	Spouse inherits 1/2 of community property, 1/3 of personal property, and a life estate in real estate. Children inherit the remainder.
Spouse and parents (no children)	Spouse inherits all community property, all personal property, and 1/2 of separate real estate. Parents inherit the rest.
Spouse and siblings (no parents, no children)	Spouse inherits all community property, all personal property, and 1/2 of separate real estate. Siblings inherit the rest.
Children, no spouse	Children inherit entire estate, divided equally.
Parents, no spouse, no children	Parents inherit entire estate.
Siblings, no spouse, no children, no parents	Siblings inherit entire estate, divided equally.

What If There Are No Immediate Family Members?

If the deceased has no spouse, children, parents, or siblings, the probate court continues down the family tree:

If no living relatives can be found, the estate escheats to the State of Texas.

Why Is Having a Will Important?

Without a valid will:

A legally valid will ensures that assets are distributed according to your wishes, not Texas law.

Need Help Navigating Intestate Probate?

Settling an estate without a will can be complex. Our legal team can help you navigate Texas probate laws and ensure a smooth estate administration process.