If you die without a will in Texas, you die "intestate," and state law, not your personal wishes, decides who inherits your property. Texas intestacy rules split your estate between your spouse and children based on whether the property is community or separate, and whether your children are also your spouse's children, which often produces a result families do not expect.
Surveys consistently show that more than half of Americans do not have a will. Many assume the state's default rules will roughly match what they would have chosen. In Texas, that assumption is often wrong, especially for blended families, unmarried partners, and anyone with separate property. Here is exactly what happens to your estate if you die without a will in Texas, and how to avoid it with a Texas will package.
What Does It Mean to Die Intestate in Texas
Dying intestate means dying without a valid will. Instead of following your instructions, your estate goes through Texas's intestate succession process under Texas Estates Code Chapter 201. A court appoints an administrator to handle your affairs, your debts are paid from the estate, and whatever remains is distributed according to a fixed legal formula, regardless of what you would have wanted. For more on the general risks of skipping this step, see the consequences of dying without a will.
Independent Administration vs. Intestate Administration
When you have a will, Texas allows you to elect independent administration, which lets your executor pay debts, distribute assets, and sell property with minimal court supervision and usually without posting a bond. Without a will, the estate is more likely to require a court-supervised, fully dependent administration, which takes longer and typically costs the estate more in legal and court fees.
The Surviving Spouse's Share Under Texas Intestacy
Texas is a community property state, so what your spouse inherits depends on how the property was owned and whether all of your surviving children are also your spouse's children.
Community Property
Under Texas Estates Code Section 201.003, if every surviving child or descendant is also a child or descendant of your surviving spouse, your spouse inherits all of the community property. But if you have a child from a prior relationship who is not also your spouse's child, your half of the community property passes to your children instead, and your spouse keeps only their own half. This is the single most common surprise for blended families.
Separate Property
Under Texas Estates Code Section 201.002, if you have children, your spouse receives one-third of your separate personal property and a life estate (the right to use, not own) in one-third of your separate real property. The remaining two-thirds of personal property and the remainder interest in the real property pass to your children. If you have no children, your spouse receives all of your separate personal property and half of your separate real property outright, unless you have no surviving parents or siblings either, in which case your spouse inherits everything.
What Assets Pass Through Intestate Succession
Most probate assets are distributed under these rules, including:
- Real estate titled in your name alone
- Vehicles, boats, and recreational vehicles
- Bank accounts without a payable-on-death designation
- Personal property such as furniture, heirlooms, and collectibles
Assets That Skip Intestate Succession Entirely
Some assets bypass probate and intestacy rules no matter what, because they already have a named beneficiary or a survivorship structure:
- Assets held in a living trust
- Payable-on-death and transfer-on-death accounts
- Property owned jointly with rights of survivorship or as tenants by the entirety
- Life insurance proceeds with a named beneficiary
- Retirement accounts, such as IRAs and 401(k)s, with a named beneficiary
These assets pass directly to the named person or surviving co-owner, which is why keeping beneficiary designations current matters just as much as having a will.
If You Have No Spouse or Close Relatives
If you die without a spouse, children, or close relatives, Texas will search for more distant relatives entitled to inherit. If no heirs can be found at all, your estate escheats to the State of Texas, an outcome almost nobody wants and one a simple will completely avoids.
How to Avoid Texas Intestacy
You do not need a lawyer or a lengthy process to fix this. FastWill's Texas will package lets you name your own executor and beneficiaries, override the state's default assumptions, and elect independent administration so your estate settles faster. If your estate is larger or more complex, our trust package can help you avoid probate altogether. Start with the Texas estate planning guide for the full picture, or read how to make a will in Texas to get started today.
Frequently Asked Questions
Does my spouse automatically inherit everything if I die without a will in Texas?
Not always. Your spouse inherits all community property only if every surviving child is also their child. Separate property is split between your spouse and children by a fixed formula, even in an otherwise intact marriage.
How long does intestate probate take in Texas?
It varies widely and can take up to two years depending on the size of the estate, whether heirs can be located, and whether the process requires full court supervision rather than independent administration.
Do unmarried partners inherit anything under Texas intestacy?
No. Texas intestacy law only recognizes legal spouses, children, and blood relatives. An unmarried partner, no matter how long the relationship, receives nothing without a will naming them.
What happens to my estate if I have no living relatives?
If no heirs can be identified after a thorough search, your estate escheats to the State of Texas.
Can I avoid the intestacy process entirely?
Yes, by creating a valid will naming your own executor and beneficiaries, and by keeping beneficiary designations current on accounts and insurance policies that pass outside probate.
