In Texas, if I don’t have a will, what happens to my property when I die?
When someone dies in Texas without a will, the property owned by the decedent, who is also referred to as an “intestate,” will be distributed in accordance with the laws of intestacy. All of the intestate’s real and personal property, including any changes to form or augmentations or diminutions, will become part of the intestate’s “estate.” See Tex. Estates Code § 22.012. The provisions governing descent and distribution of an intestate’s estate appear in Subtitle E Chapter 201 of the Texas Estates Code, which sets forth different schemes of distribution depending on factors like whether the intestate was married or had children.
For example, if an intestate dies with children but without a spouse, then the intestate’s property will pass, in equal parts, to the intestate’s children (or, if the intestate’s children are deceased, then to the children’s descendants). See Tex. Estates Code § 201.001(b). If the intestate has no surviving children and no descendants of the children, then the property will pass in equal portions to the intestate’s mother and father. See id. § 201.001(c). If only one parent survives the intestate, then the estate will be divided into two equal parts, and one part will pass to the surviving parent while the other passes to the intestate’s siblings and their descendants. See id. § 201.001(d). If the intestate is not survived by siblings or the siblings’ descendants, then the entire estate will be inherited by the surviving parent. See id. If neither parent survives the intestate, then the entire estate will pass to the intestate’s siblings and their descendants. See id. § (e).
If an intestate leaves a surviving spouse, then the community estate will pass to the surviving spouse so long as (1) no child or child’s descendant survives the intestate, and (2) all surviving children and descendants of the intestate are also children or descendants of the surviving spouse. See Tex. Estates Code §§ 201.003 (a)-(b). If, however, the intestate is survived by a child or other descendant who is not also a child or descendant of the surviving spouse, then the intestate’s one-half interest in the community estate passes to the intestate’s children or other descendants. See id. § (c).
The separate personal property of an intestate leaving a surviving spouse and at least one child will pass as follows: (1) one third to the surviving spouse; (2) two-thirds to the intestate’s child/children and their descendants. See Tex. Estates Code §§ 201.002 (b)(1)-(2). Regarding the intestate’s real property/land, the surviving spouse will receive a life estate in one-third, and the remainder will pass to the intestate’s child/children and their descendants. See id. § 201.002(b)(3).