How Do Intestacy Rules Apply if No Valid Will Is Found in Texas?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article provides general information about Texas intestacy law and does not constitute legal advice.

Detailed Answer

Intestate succession occurs when a person dies without a valid will. In Texas, the Estates Code Chapter 201 governs distribution of an intestate estate under Chapter 201.

Key Definitions

  • Intestate: Dying without a valid will.
  • Descendant: A direct bloodline such as children or grandchildren.
  • Surviving Spouse: The decedent’s legally married spouse at the time of death.

Order of Distribution

  1. Surviving Spouse Only: If no descendants or parents survive, the spouse inherits the entire estate. (See Tex. Est. Code § 201.052.)
  2. Spouse and Descendants: When both a spouse and descendants survive, community property goes fully to the spouse. Separate property divides: spouse receives one-third, and descendants share two-thirds per stirpes. (§ 201.101.)
  3. No Spouse, With Descendants: If no spouse exists, all estate assets pass to descendants per stirpes. (§ 201.101.)
  4. No Spouse or Descendants: Parents inherit equally if they survive. (§ 201.201.)
  5. No Immediate Family: Estate passes to siblings, then more remote relatives. If no heirs exist, the estate escheats to the State of Texas. (§ 201.204 & § 201.205.)

Community vs. Separate Property

Texas classifies property as:

  • Community Property: Assets acquired during marriage, except by gift or inheritance. (Fam. Code § 3.002).
  • Separate Property: Property owned before marriage, plus gifts and inheritances during marriage.

Proper classification affects how assets distribute under the rules above.

Probate Requirement

The court must open a probate proceeding, even without a will. Heirs petition for an “Order Admitting Heirship.” The probate court verifies next of kin and oversees asset distribution and creditor claims.

Helpful Hints

  • Locate all assets: bank accounts, real estate, and personal property.
  • Map out family tree: identify spouses, children, parents, and siblings.
  • Distinguish community vs. separate property early.
  • File an application for determination of heirship in the county probate court.
  • Keep detailed records of debts and notifications to creditors.
  • Consult a probate attorney to navigate court procedures.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.