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Does the Spouse Automatically Inherit Everything in Texas? (2025)

It’s a common (and understandable) assumption: “If I pass away, my spouse gets everything, right?” In Texas, the answer isn’t always yes.

Texas is a community property state, which complicates things a bit. Whether a surviving spouse inherits everything depends on several factors—including whether there was a will, if there are children from a prior relationship, and whether property is classified as community or separate.

Let’s walk through it in plain English.

Was There a Will?

✅ If There Is a Will

If the deceased left a valid will, the terms of that document control. The will can leave everything to the spouse—or it might divide property among the spouse, children, or others.

Wills override default inheritance rules. But if there’s no will…

❌ If There’s No Will (Dying Intestate)

Then Texas laws of intestate succession kick in. These laws create a roadmap for who inherits what—and surviving spouses don’t always get 100%.

Understanding Community vs. Separate Property

Community Property

This is property acquired by either spouse during the marriage, except for gifts or inheritances.

Examples:

• Wages earned during the marriage

• Homes or cars bought together

• Joint bank accounts

Separate Property

This includes:

• Property one spouse owned before the marriage

• Gifts or inheritances received during the marriage

Texas treats these two categories very differently when someone dies without a will.

Who Inherits What If There’s No Will?

Scenario 1: No Children (or only children with surviving spouse)

If the couple had no children—or all children were from that marriage:

• The surviving spouse gets all community property

• The surviving spouse also gets most or all separate property, depending on the type (real estate vs. personal)

Scenario 2: Children from a Prior Relationship

This is where things change.

If the deceased had children from a previous relationship, then:

• The surviving spouse keeps their half of the community property

• The deceased’s half of the community property goes to their children, not the surviving spouse

The spouse may also inherit 1/3 of separate real property (like a house), while the children inherit the other 2/3.

Real-Life Example: Blended Family

Let’s say Tom dies without a will. He was married to Sarah, and they lived in Houston. Tom had two kids from a previous marriage.

Here’s how it breaks down:

• Sarah keeps her 50% of the community property

• Tom’s 50% of community property goes to his two children

• Sarah gets a life estate in 1/3 of any separate real estate Tom owned

• The kids get the remaining interest

So no—Sarah doesn’t inherit everything, even though she was Tom’s wife.

What About the Family Homestead?

Texas law gives surviving spouses certain homestead rights, even if they don’t inherit the full title:

• The surviving spouse has the right to live in the homestead for life, even if it goes to someone else

This right can’t be overridden by a will or children’s claims.

Can a Spouse Be Disinherited in Texas?

Yes—but it’s difficult. You can disinherit your spouse in a will regarding separate property, but you cannot completely cut off your spouse without planning around community property laws.

Even in a will, a spouse may still claim rights to:

• Their half of the community property

• Homestead protections

• Retirement benefits and joint accounts

Why You Shouldn’t Rely on “It’ll Just Go to My Spouse”

If you want your spouse to inherit everything, write it down. A will or living trust ensures that your wishes are honored. Without a plan, Texas law steps in—and it might not match what you intended.

If you have:

• Children from a prior marriage

• Separate property like inherited land or old family assets

• A blended family with complex dynamics

…then it’s especially important to get legal help.

How The Lange Firm Helps

At The Lange Firm, we help couples and families across Texas:

• Understand their inheritance rights

• Draft wills that protect spouses

• Use tools like revocable trusts to simplify transfers

• Navigate homestead rights and real estate issues

• Avoid fights between stepchildren and surviving spouses

Whether you’re planning ahead or already navigating probate, we’re here to help.

Final Takeaway

In Texas, a surviving spouse doesn’t always inherit everything—especially if there’s no will or if there are children from a previous relationship.

The good news? A solid estate plan can make sure your spouse is protected and your wishes are followed.

Contact The Lange Firm today to create a plan that works for your family—or to get help navigating what happens next.

Learn more about our probate services here.