What Happens If You Die Without a Will in Texas?
If you die without a valid will in Texas, your estate is distributed under the state's intestate succession laws — Tex. Est. Code §§201.001–201.101. Texas law does not know your wishes, your family dynamics, or your intentions. Here is exactly what happens.
Texas Intestate Succession — Who Gets What When There Is No Will
Texas divides property at death differently depending on whether you have a spouse, children, or other heirs:
Married with children (children are also your spouse's children):
• Community property (property acquired during marriage): all to your spouse
• Separate property (property you owned before marriage or inherited): 1/3 to spouse, 2/3 to children in equal shares
Married with children from a prior relationship:
• Community property: 1/2 to children, 1/2 to spouse (NOT all to spouse)
• Separate property (real estate): life estate to spouse, remainder to children
• Separate property (personal): 1/4 to spouse, 3/4 to children
Married without children:
• Community property: all to spouse
• Separate property: all to spouse (if no surviving parents or siblings)
Unmarried with children:
• Everything to children in equal shares (if they are adults)
• Minor children's share managed by a court-appointed guardian
Unmarried without children:
• To your parents, or if none surviving, to siblings and their descendants
• Long-term partner who is not your spouse: nothing under Texas intestate law
- Tex. Est. Code §201.001 — Intestate succession — community property, married with children
- Tex. Est. Code §201.002 — Intestate succession — separate property, married
- Tex. Est. Code §201.003 — Intestate succession — no spouse
What Intestate Succession Gets Wrong — Real Examples
Texas intestate law is built on legal defaults — not your actual wishes. Common outcomes that families don't expect:
Your house goes to your children, not your spouse: If you owned a home before marriage (separate property) and die without a will, your children from a prior relationship receive a 2/3 ownership interest in the property. Your current spouse retains only a 1/3 interest — they may not be able to stay in the home if children demand their share.
Your long-term partner gets nothing: Unmarried partners — regardless of how long you have been together — receive nothing under Texas intestate law. Only legal spouses and blood relatives inherit.
Minor children receive assets without management: If your child is under 18, their inherited assets must be managed by a court-appointed guardian of the estate. The court — not you — picks who controls your child's inheritance.
Your favorite charity gets nothing: Without a will designating charitable gifts, no portion of your estate goes to causes you cared about.
Family conflict over who inherits: Intestate succession creates forced co-ownership among heirs who may have very different ideas about what to do with inherited property.
What a Will Lets You Control That Intestate Law Does Not
A valid Texas will allows you to:
• Choose who receives each asset — specific bequests to specific people
• Name a guardian for your minor children if both parents die
• Name an independent executor who can settle your estate without court supervision
• Create trusts for minor beneficiaries
• Leave property to a partner, friend, or charity that intestate law ignores
• Specify what happens to your business interests
• Reduce or eliminate conflict among heirs by making your intentions clear
An attorney-reviewed will prepared through our online will service starts at pricing shown at checkout and is drafted to meet Texas will requirements; it becomes valid when you sign it in front of two witnesses as the instructions say (with an optional self-proving affidavit for easier probate). A will that is not signed and witnessed correctly may not be valid. A will is one way to put your wishes, rather than Texas intestacy statutes, in charge of your estate.
Frequently Asked Questions
Does my spouse automatically get everything if I die without a will in Texas?+
Not necessarily. In Texas, your spouse automatically receives all community property (acquired during marriage). But your separate property (inherited assets, property owned before marriage) is divided: 1/3 to your spouse, 2/3 to your children if you have any. If you have children from a prior relationship, the division is even more complex. A will is the only way to ensure your spouse receives exactly what you intend.
What happens to my minor children if I die without a will in Texas?+
Without a will, a court decides who becomes guardian of your minor children and who manages their inherited assets. These are two separate decisions the court makes. A will allows you to name your preferred guardian and name a trustee or custodian to manage assets for your children — keeping family decisions out of the courthouse.
How long does intestate probate take in Texas?+
Intestate probate in Texas (when there is no will) requires the court to determine heirship — a formal legal proceeding that can take significantly longer than probate of a valid will. Heirship proceedings often require two disinterested witnesses, an attorney ad litem for unknown heirs, and additional court hearings. A will typically makes the process faster and less expensive.