Dying without a will · Texas
What happens if you die without a will in Texas
Verified June 7, 2026
Who inherits in Texas
When someone dies intestate — without a valid will — Texas law sets a fixed order of who inherits. These are the common situations.
| If you are survived by… | Who inherits |
|---|---|
| Spouse only (no children or descendants) | Spouse inherits all community property and all separate property (both personal and real). |
| Spouse and children who are all also the spouse's children | All community property passes to the spouse. Separate property: spouse receives one-third of personal property and a life estate in one-third of real property; the children inherit the remainder. |
| Spouse and children, at least one of whom is NOT the spouse's child | Your half of the community estate goes to those children (not the spouse). Separate property: spouse receives one-third of personal property and a life estate in one-third of real property; children inherit the remainder. |
| Children but no spouse | Children inherit everything in equal shares, with descendants of a deceased child taking per stirpes. |
| No spouse and no children | Estate passes to your parents (equally, or the survivor); if none, to siblings and their descendants; then to more remote relatives. |
Texas is a community-property state, meaning property acquired during marriage belongs equally to both spouses. At death, each spouse owns exactly one-half of the community estate. The deceased spouse's half passes under the intestate rules above — not automatically to the survivor. Separate property (owned before marriage, or received by gift or inheritance) is governed by a different set of rules that generally give the spouse a life estate rather than full ownership when children are present.
If no heirs can be located, the estate ultimately escheats to the State of Texas. A simple will entirely avoids this result and removes the community/separate-property complexity from your family's path.
The simplest way to avoid all of this
Intestate succession only takes over when there is no valid, findable will. A will lets you decide who inherits — and keeping it somewhere your family can actually reach is what makes sure your wishes, not the state's default, are the ones that get followed.
Legatus Vault keeps your will and the documents around it in one secure place and releases them to the people you name when the time comes — so your family is handed a clear path instead of an empty drawer.
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