Before proceeding, please review the  legal disclaimer.

Intestate Succession in Texas: What Happens If You Die Without a Will?

Most people know they should have a will—but many don’t. In Texas, when someone passes away without a valid will, their estate doesn’t just go to the state. Instead, it’s distributed according to a set of default laws known as intestate succession.

If you’re dealing with the death of a loved one who left no will—or you’re planning your own estate and wondering what might happen if you don’t make a plan—this guide will explain everything you need to know about intestate succession in Texas.

At The Lange Firm, we help families across Texas understand their rights, protect their loved ones, and navigate probate with or without a will.

What Is Intestate Succession?

Intestate succession is the legal process for distributing a person’s property when they die without a valid will. Texas law outlines who inherits the estate based on their relationship to the deceased, with a strict order of priority.

This process only applies to probate assets—property that isn’t jointly owned, in a trust, or designated to a beneficiary (like life insurance or retirement accounts).

Who Inherits Under Texas Intestate Succession Laws?

The answer depends on your family situation. Here’s a breakdown of the most common scenarios:

✅ If You’re Married (With or Without Children)

Texas is a community property state, which means most property acquired during the marriage is jointly owned.

1. Married With Children (All From the Same Spouse)

• Spouse inherits all community property
  
  
• Children inherit separate personal property, divided equally
  
  
• Spouse gets 1/3 of separate personal property and a 1/3 life estate in separate real property
  
  
• Children share the remaining 2/3 of separate real property
  
  

2. Married With Children (From Another Relationship)

• Children inherit the deceased’s half of community property
  
  
• Spouse keeps their own half of community property
  
  
• Separate property is divided as above
  
  

3. Married Without Children

• Spouse inherits all community property
  
  
• Separate personal property goes entirely to spouse
  
  
• Separate real estate: 1/2 to spouse, 1/2 to deceased’s parents or siblings
  
  

✅ If You’re Single

1. With Children

• All property goes to your children, divided equally
  
  

2. Without Children

• Parents, siblings, or nieces/nephews inherit based on a priority system:
  
  
  • First to parents and siblings
    
    
  • If none, to grandparents or their descendants
    
    
  • If none, to more distant relatives
    
    

If no relatives can be found, the estate may eventually go to the State of Texas—but this is rare.

What Property Is Affected by Intestate Succession?

Only probate assets are governed by intestate laws. These typically include:

• Real estate (titled solely in the deceased’s name)
  
  
• Bank accounts without joint owners or payable-on-death designations
  
  
• Vehicles and other titled property
  
  
• Personal belongings
  
  

The following assets are not affected by intestate succession:

• Life insurance with a named beneficiary
  
  
• Retirement accounts (IRA, 401k) with a named beneficiary
  
  
• Jointly owned property with survivorship rights
  
  
• Assets in a revocable living trust
  
  

How Is Intestate Succession Handled in Probate Court?

When someone dies intestate:

1. A relative (usually the closest heir) files an application to open probate
   
   
2. The court appoints an administrator instead of an executor
   
   
3. The estate goes through the standard probate process
   
   
4. The administrator distributes property according to Texas law
   
   

At The Lange Firm, we help families file for probate, prepare inventories, handle creditors, and ensure the estate is settled fairly—even without a will.

What Happens If There Are Disputes Between Heirs?

Intestate succession often leads to family disputes, especially when:

• Siblings disagree over inheritance
  
  
• Stepchildren or half-siblings are involved
  
  
• There’s uncertainty about whether someone was legally married
  
  
• Alleged heirs come forward after the fact
  
  

These situations can delay probate and drain estate assets. Our attorneys work to resolve disputes through negotiation—or litigation when necessary.

Can You Avoid Intestate Succession?

Yes! The best way to avoid intestate succession is to create a valid will or trust.

A well-drafted estate plan allows you to:

• Choose who inherits (instead of the state choosing)
  
  
• Appoint guardians for minor children
  
  
• Minimize taxes and fees
  
  
• Avoid or simplify probate
  
  
• Prevent family conflict
  
  

The Lange Firm offers flat-fee estate planning packages tailored to your family, your property, and your goals.

How The Lange Firm Helps With Intestate Succession in Texas

We assist families with:

• Filing intestate probate applications
  
  
• Appointing administrators
  
  
• Navigating disputes between heirs
  
  
• Resolving title issues for homes and real estate
  
  
• Locating heirs and tracing family trees when necessary
  
  

📞 Contact us today to schedule a probate consultation if you’ve lost a loved one who died without a will.

Final Thoughts

So, what is intestate succession in Texas? It’s the default system the state uses when someone dies without a will. While the law tries to be fair, it may not reflect your actual wishes—or make things easy for your family.

✅ To protect your loved ones and your legacy, create an estate plan with The Lange Firm—or let us help you navigate intestate probate with clarity and compassion.