Who Inherits Under Texas Intestate Succession Laws?

Posted:
May 15, 2025

Who Inherits Under Texas Intestate Succession Laws?

Texas law prioritizes family members in a specific order as to who inherits and how much:

  • If You’re Married with Children – Your spouse and children will share your assets, but the division depends on whether your property is community or separate. Typically, your spouse keeps all community property and a portion of your separate estate, while your children inherit the rest.
  • If You’re Married Without Children – Your spouse may inherit everything, but if you have surviving parents or siblings, they may receive a share.
  • If You Have Children but No Spouse – Your children inherit everything.
  • If You Have No Spouse or Children – Your estate goes to your parents, then siblings, then more distant relatives.
  • If No Family Can Be Found – The state of Texas may take ownership of your estate.

Why Having a Will Matters

Without a will, the probate process can be lengthy, expensive, and stressful for your loved ones. A will allows you to:

  • Choose who inherits your property
  • Name a guardian for minor children
  • Prevent family disputes
  • Expedite the legal process

Need Help With Estate Planning?

If you want to ensure your assets are distributed according to your wishes, creating a will is crucial. An experienced Texas estate planning attorney can help you draft a legally sound document that protects your family’s future.

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Michael J. Black

Michael J. Black, managing partner of Burns & Black PLLC is a distinguished attorney who has been practicing since 1983. As a past President of the San Antonio Bar Association, former member of the Texas Supreme Court Task Force and former member of the State Bar of Texas Committee on Disciplinary Rules of Professional Conduct, Mr. Black is still an active and practicing Attorney.

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