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 or disabled 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 MaxWills.ai starts at $299 and covers the full Texas statutory requirements — testamentary capacity language, proper witnessing, and optional self-proving affidavit for easier probate. It is the most direct way to ensure your wishes, not Texas statutes, control 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.