Dying "intestate": what does that mean?
When someone passes away without a valid will, the law calls that dying intestate. It doesn't matter how much property you own, how close your family relationships are, or what you may have told people you wanted. If there's no will, Texas law steps in and decides who gets what.
The state follows a strict set of rules laid out in the Texas Estates Code. These rules are based on your family relationships at the time of death: your spouse, your children, your parents, your siblings, and so on. The state doesn't consider close friends, stepchildren, charities, or anyone else outside of these categories, even if they were the most important people in your life.
Perhaps most importantly, no one is allowed to come forward and say what you would have wanted. The rules are the rules, regardless of the circumstances.
Why does this matter?
You might be surprised to learn that studies consistently show the majority of Americans don't have a will. People put it off for all kinds of understandable reasons: they think they don't own enough to worry about, the process feels complicated or expensive, or they simply haven't gotten around to it.
But here's the thing: the intestacy rules may not match what you actually want. A surviving spouse, for example, does not automatically inherit everything. Depending on the type of property and who else survives you, your spouse may receive only a fraction of your estate, or in some cases, only a life estate in certain property rather than full ownership.
Key takeaway: The rules below are what happens by default when there is no will. A properly drafted will (or other estate plan) lets you decide for yourself who receives your property, in what amounts, and under what conditions.
Understanding the types of property
Texas intestacy rules treat different kinds of property differently. Before diving into the chart below, it helps to understand these four key terms. They come up constantly in estate planning, and knowing what they mean will make everything else much easier to follow.
COMMUNITY PROPPERTY
In Texas, most property that either spouse earns or acquires during the marriage belongs to both spouses equally. Your paycheck, the house you bought together, investment gains; these are generally all community property, owned 50/50, regardless of whose name is on the account or title.
REAL PROPERTY
This is land and anything permanently attached to it: your home, commercial buildings, farm acreage, mineral rights, and similar assets. Texas intestacy law sometimes treats real property differently from other types of property, especially when a surviving spouse is involved.
Separate property
Property that belongs to just one spouse. This includes anything owned before the marriage, as well as gifts and inheritances received during the marriage. For example, if your grandmother left you a piece of land while you were married, that land is your separate property, not community property.
PERSONAL PROPERTY
Everything that isn't real property. Bank accounts, vehicles, furniture, jewelry, investments, retirement accounts (to the extent they pass through the estate), business interests; if it's not land or a building, it's personal property.
Texas intestate succession at a glance
Select your scenario below to see how the estate would be divided under current Texas law.
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