What Happens if You Die Without a Will in Texas?
If you die without a will in Texas, inheritance is based entirely on your marital status and family relationships, along with the value of any property and assets. Let’s break those rules down below.
If You are Married with Children
In Texas, your spouse inherits most of your estate if they survive you, according to the state’s intestate succession laws. Here are some nuances you should know.
- If your spouse survives you and your spouse is also your children’s biological or adoptive parent, your spouse keeps their own half of the community property and inherits all of your community property.
- If your spouse survives you, but you have children from other relationships, your spouse keeps their own half of the inherits half of your community property and and your half passes instead to your children from those other relationships.the other half is divided equally among your other children.
- For your separate property: If your spouse survives you and is also the biological or adoptive parent of your children, they will inherit 1/3 and your children inherit 2/3 of those assets. If real estate is involved, your spouse gets a life estate for 1/3 of that property and the other 2/3 goes to your children.
If You are Married Without Children
Your spouse inherits all community property. Separate personal property inheritance may vary if you are survived by parents or siblings. Any assets with designated beneficiaries will pass to those specified.
If You Don’t Have a Spouse, but Have Children
Your children inherit all of your assets equally.
If You Don’t Have a Spouse or Children
Your closest living relatives will inherit your assets, starting with parents, then moving to siblings and on to the nearest living relative.
If No Living Relatives Can Be Found
Your property reverts to the state of Texas.
Other Things to Know about Dying Without a Will in Texas
There are a few other nuances that may be applied to a person’s property if they die without a will in Texas.
- All heirs are subject to the 120-hour law, requiring that they survive for 120 hours after the death of the deceased.
- The court will appoint an administrator to oversee the probate process.
- Stepchildren don’t inherit property unless they have been legally adopted or are specifically named as beneficiaries.
- Texas recognizes common law (informal) marriage, so a surviving common law spouse may have the same inheritance rights as a formally married spouse.Common law marriages do not apply in the state of Texas and all assets will pass to living blood relatives.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Texas, your estate only goes through probate if it’s valued over $75,000, not including the homestead or exempt property. Your estate is defined as any assets and personal belongings that do not include the value of your home or financial assets, such as life insurance policies, retirement accounts, or bank accounts without a beneficiary listed.
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