When you die without a will or other estate plan, it does not just go to the state. Instead, through a process known as intestate succession, your state, including Texas, has a plan to give your assets to your survivors. However, every state’s intestate succession laws differ. Understanding the laws in your state can help you understand who gets what when you die.
Not all property passes through intestate succession. Suppose there is a named beneficiary or legal relationship dictating who gets the property on your death. In that case, it is not included in your estate.
Who inherits what depends on which relatives survive you after death.
Regarding Intestate Succession in Texas:
| If you have: | Here’s what happens: |
|---|---|
| A spouse but no children, parents, or siblings | the spouse gets everything |
| Children but no spouse | the children get everything (in equal shares) |
| Parents, but no children, spouse, or parents | the parents get everything |
| Siblings but no children, spouse, or parents | the siblings get everything (in equal shares) |
| A spouse and children with that spouse | the spouse gets all of the community property, 1/3 of your separate property, the right to use the shared primary home, and 1/3 of your remaining real estate for life. The children get an equal share of everything else |
| A spouse and children who are not from that spouse | the spouse gets ½ of the community property, 1/3 of your separate property, the right to use your shared primary home, and 1/3 of your real property during their lifetime. The children get equal shares of everything else |
| A spouse and parents | the spouse gets all community property, all separate personal property, and ½ of separate real property |
| A spouse and siblings | the spouse gets all community property, all separate personal property, and ½ of separate real property |
| A parent and siblings, but no spouse | the parent or parents get ½ of the estate. The siblings get equal shares of the rest of the estate |
It is essential to realize that not all property passes through intestate succession. Suppose there is a legal document or relationship that already dictates where money goes on your death, such as a named beneficiary, right of survivorship, or trust. In that case, it will govern the distribution of property.
Texas considers blood relatives and adoptive relatives the same. However, half-siblings only receive half of the share that a full sibling would receive unless the only siblings are half-siblings. Foster and stepchildren do not inherit under intestacy. Children born outside of marriage can inherit, but they may need to establish paternity. Children born in a marriage will inherit, even if they are not biologically related unless there was a successful action to contest their paternity during the deceased’s lifetime.
One interesting facet of Texas law is that children placed for adoption and adopted by another family are still entitled to a child’s share under intestate laws. Another interesting fact is that grandchildren do not usually inherit, but can if their parent predeceased them.
Intestacy statutes can become complicated, especially in families with complicated family relationships, if a person is not sure how many children they have or if other factors may impact how you want your estate divided. The best way to avoid those complications is to consult with a wills and estates attorney to devise an estate plan that allows you to bequeath your estate to your intended heirs specifically.