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Intestate Succession Laws in Texas

In Texas, a surviving spouse inherits all community property when all of the deceased's children are also the spouse's children, but only one-third of separate personal property and a life estate in one-third of separate land. With no children, the spouse takes all community and separate personal property and one-half of separate land. Texas is a community property state.

Last checked . General information, not legal advice.

Texas at a glance

Spouse share with shared children
All community property; part of separate property
Of separate property, the spouse takes one-third of personal property and a life estate in one-third of land.
Spouse takes all with shared children
No
The spouse takes all community property, but children share the deceased's separate property.
Spouse share with parents, no descendants
Community and separate personal property, 1/2 of land
Half of the deceased's separate land passes to parents or siblings; with none of them, the spouse takes everything.
Community property state
Yes

Sources

Last checked

The rules in Texas

How much does a surviving spouse inherit in Texas when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Texas: All community property; part of separate property. Of separate property, the spouse takes one-third of personal property and a life estate in one-third of land.

Does a surviving spouse in Texas inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Texas: no. The spouse takes all community property, but children share the deceased's separate property.

How much does a surviving spouse inherit in Texas when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Texas: Community and separate personal property, 1/2 of land. Half of the deceased's separate land passes to parents or siblings; with none of them, the spouse takes everything.

Is Texas a community property state?

Yes. Community property state in Texas: yes.

Where do the Texas intestate succession laws come from?

The rules above come from Tex. Est. Code 201.002 and Tex. Est. Code 201.003. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.