Before proceeding, please review the  legal disclaimer.

Texas Intestate Succession Chart: Who Inherits When There’s No Will?

If a loved one dies without a will in Texas, their assets don’t simply vanish. Instead, the estate is distributed according to the state’s intestate succession laws. But figuring out who inherits what under those laws can be confusing—especially in blended families, second marriages, or when no children are involved.

That’s why we’ve created this Texas intestate succession chart, along with explanations of how the law works. At The Lange Firm, we help families across Texas handle probate, resolve heirship issues, and ensure assets are passed down properly—even when there’s no will.

What Is Intestate Succession?

Intestate succession is the legal process for distributing someone’s property when they die without a valid will. In Texas, these rules are found in the Texas Estates Code, which outlines who inherits based on the deceased’s family relationships.

Intestate succession applies to:

• Real estate titled only in the deceased’s name
  
  
• Bank accounts and investments with no named beneficiary
  
  
• Vehicles, personal property, and household items
  
  
• Business interests without a succession plan
  
  

It does not apply to:

• Life insurance with a named beneficiary
  
  
• Retirement accounts (IRA, 401k) with beneficiary designations
  
  
• Payable-on-death or transfer-on-death accounts
  
  
• Jointly owned property with right of survivorship
  
  
• Assets held in a living trust
  
  

Texas Intestate Succession Chart

Here’s a simplified version of who inherits under Texas law, based on the deceased’s marital status and family structure:

✅ 1. Deceased Was Married With Children (All Children From That Spouse)

✅ 2. Deceased Was Married With Children (From Another Relationship)

✅ 3. Deceased Was Married, No Children

✅ 4. Deceased Was Single With Children

• 100% of the estate is divided equally among the children.
  
  

✅ 5. Deceased Was Single, No Children

If no heirs can be found, the estate will escheat to the State of Texas—though this is rare.

What Is the Difference Between Community and Separate Property?

In Texas, property is categorized as either:

• Community Property – Everything earned or acquired during the marriage (unless it was a gift or inheritance)
  
  
• Separate Property – Assets acquired before marriage, by gift, or by inheritance
  
  

Understanding this distinction is crucial in determining who inherits what when there’s no will.

The Lange Firm helps families sort through complex asset types and ownership issues to clarify who receives what under the law.

Can You Use This Chart Without Going to Court?

No. Even though this chart shows who’s entitled to inherit, you still need court approval to legally transfer property.

This often requires:

• Filing a probate application
  
  
• Proving heirship (especially without a will)
  
  
• Getting court approval to transfer real estate, vehicles, or bank accounts
  
  

✅ Our team at The Lange Firm helps clients file heirship affidavits, probate documents, and work through the legal process with minimal stress.

What If There’s a Dispute Between Heirs?

Disputes can arise when:

• Heirs disagree about who gets what
  
  
• There are questions about marriage or paternity
  
  
• Someone claims to have a missing or handwritten will
  
  
• A non-relative claims an interest in the estate
  
  

Our firm represents clients in probate litigation to resolve heirship disputes, protect rightful heirs, and ensure a fair outcome.

How The Lange Firm Helps With Intestate Succession

We assist with:

• Determining legal heirs using Texas intestate laws
  
  
• Filing probate or affidavits of heirship
  
  
• Preparing heirship charts and family trees
  
  
• Transferring titles to real estate, vehicles, and accounts
  
  
• Resolving inheritance disputes and family disagreements
  
  

📞 Contact us today to schedule a consultation if you’re dealing with a loved one’s estate and need help determining who inherits.

Final Thoughts

So, what is a Texas intestate succession chart? It’s a helpful roadmap for understanding who receives a loved one’s property when there’s no will. But the probate process still requires legal steps—and getting it wrong can delay or complicate inheritance.

✅ Don’t guess about your rights. Let The Lange Firm guide you through Texas intestate laws and ensure the estate is handled legally and efficiently.