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Spousal Elective Share Law in Texas

Texas is a community property state with no elective share: property acquired during the marriage, other than separate property, is community property, so the surviving spouse already owns half of it.

Last checked . General information, not legal advice.

Texas at a glance

Elective share
Community property: survivor owns 1/2
Texas has no elective share statute. Property acquired by either spouse during marriage, other than separate property, is community property.
Deadline to elect
Not applicable (no elective share)
Community property state
Yes

Sources

Last checked

The rules in Texas

How much can a surviving spouse claim in Texas if left out of the will?

Elective share in Texas: Community property: survivor owns 1/2. Texas has no elective share statute. Property acquired by either spouse during marriage, other than separate property, is community property.

What is the deadline to claim the elective share in Texas?

Deadline to elect in Texas: Not applicable (no elective share).

Is Texas a community property state?

Yes. Community property state in Texas: yes.

Where do the Texas spousal elective share laws come from?

The rules above come from Tex. Fam. Code 3.002. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

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