Detailed answer — how succession among children works in Texas

If a person dies in Texas without a valid will, state intestacy rules determine who inherits. When the decedent’s nearest kin are children (and no will or other transfer covers the property), those children — and the descendants of any deceased child — are the primary heirs under Texas law.

Key rules you should know:

• Equal shares for surviving children. If the decedent left two or more surviving children and no surviving spouse or other higher-priority heirs, the estate’s intestate portion generally divides equally among the surviving children.
• Representation (children’s descendants step into their parent’s share). If a child died before the decedent but left surviving descendants (for example, grandchildren), those descendants inherit the deceased child’s share by representation. In practice, the deceased child’s share is divided among their line. This is commonly called inheritance by representation (often described as “per stirpes” distribution).
• Adopted children count the same as biological children. A legally adopted child inherits from the adoptive parent and is treated like a biological child for intestate succession.
• Children born out of wedlock. A child born outside marriage can inherit from the mother automatically. To inherit from the father under intestacy, paternity must be legally established (for example, through a court adjudication, a signed acknowledgment, or other statutory means).
• Half-blood and whole-blood descendants. In Texas, heirs of the half blood may inherit; the law does not exclude half-blood relatives from sharing with whole-blood relatives, though factual family relationships can affect distribution in complex estates.

Texas law describing intestate succession and the rules for representation and who qualifies as an heir appears in the Texas Estates Code. For the statutory text and more detail, see the Texas Estates Code provisions on intestate succession: Texas Estates Code — Intestate Succession (Chapter 201).

Two common scenarios:

1. All children survive the decedent: The estate passes to the children in equal shares.
2. One child predeceased the decedent but left children: The predeceased child’s share is distributed among that child’s children (the decedent’s grandchildren). For example, if the decedent had three children, but one child predeceased leaving two children, the two surviving children each receive one-third, and the two grandchildren split the predeceased child’s one-third share (each getting one-sixth).

Other inheritance details that affect children’s shares

• Community vs. separate property: Texas is a community-property state. If the decedent was married, community property rules affect how much of the estate is available to be divided among children. For example, a surviving spouse may have rights to community property that reduce what passes to the children from the decedent’s share. If you need to know how community property interacts with intestate succession, review the Estates Code and consult an attorney.
• Stepchildren: Stepchildren do not inherit by intestacy unless they were legally adopted.
• Estate administration and creditors: The probate process pays administrative expenses and valid creditor claims before distributing inheritance to children.

Common procedural points — what happens next

When someone dies without a will, a probate court opens an estate administration. The court will identify heirs, pay valid claims, and then distribute the remaining property according to intestacy rules. If children are the heirs, the court or an appointed personal representative (administrator) will divide the estate following the representation rules described above.

For the statutory framework on opening an administration and a list of related procedural rules, see the Texas Estates Code online: Texas Statutes (Texas Legislature Online).

Helpful hints

• Gather documents early: death certificate, birth certificates for the decedent and children, adoption papers, marriage certificates, and any paternity acknowledgments or court paternity orders.
• Confirm paternity when needed: if someone claims to be an heir through an out-of-wedlock relationship, establish paternity through the required legal steps before probate distribution.
• Consider who will act for the estate: interested heirs can petition the probate court to be appointed administrator. Courts prefer a willing, competent adult heir or spouse; if heirs disagree, the court decides who is appointed.
• Watch deadlines: probate and claims processes have procedural deadlines. Acting promptly reduces the chance of disputes or missed rights.
• Talk to a probate attorney: family relationships, community property issues, and complex family trees can materially change outcomes. A licensed Texas probate attorney can apply the law to your facts and help you through probate filings.