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

When someone passes away without a will, their estate doesn’t simply disappear—but it also doesn’t get distributed according to their spoken wishes. Instead, Texas law takes over and distributes assets through a process known as intestate succession.

So what exactly is intestate succession, and how does it work in Texas? Who inherits if there’s no will, and what complications can arise?

At The Lange Firm, we help families across Texas resolve estate issues when a loved one dies without a will. In this guide, we explain the intestate succession process, who inherits what, and how to avoid disputes. You’ll also find a comprehensive Texas intestate succession chart for easy reference.

Table of Contents

• What Is Intestate Succession?

• What Assets Are Affected by Intestate Succession?

• Texas Intestate Succession Laws Explained

• Texas Intestate Succession Chart

• Real-World Examples of Inheritance Without a Will

• What If There Are Disputes Among Heirs?

• How to Avoid Intestate Succession

• How The Lange Firm Can Help

• Final Thoughts

• Related Blogs for Further Reading

What Is Intestate Succession?

Intestate succession is the legal process by which a deceased person’s property is distributed when they die without a valid will.

In Texas, intestate succession is governed by the Texas Estates Code, which lays out exact rules for who inherits and in what order. The goal is to pass assets to close relatives, but the law does not account for family dynamics, personal wishes, or stepchildren.

If no will is found or the will is invalidated, the estate goes through this court-supervised default distribution system.

What Assets Are Affected by Intestate Succession?

Only probate assets are affected. This includes:

• Real estate titled solely in the deceased’s name

• Bank and brokerage accounts with no beneficiary designation

• Vehicles, jewelry, and personal items

• Business interests

• Digital assets without designated heirs

Intestate succession does not apply to:

• Life insurance policies with named beneficiaries

• Payable-on-death (POD) accounts

• Retirement accounts (IRA, 401(k)) with named beneficiaries

• Joint accounts with right of survivorship

• Assets held in a living trust

📌 If you’re not sure what is and isn’t subject to intestate succession, The Lange Firm can help you identify probate assets and navigate inheritance rules.

Texas Intestate Succession Laws Explained

In Texas, the distribution rules vary based on:

• Whether the deceased was married

• Whether they had children

• Whether the children were from that marriage

• Whether there are parents, siblings, or grandchildren

• Whether the property is community or separate

Texas Intestate Succession Chart

Below is a simplified chart showing who inherits under different family scenarios.

✅ Key Terms:

• Community Property: All property acquired during the marriage (except gifts/inheritances)

• Separate Property: Property acquired before marriage or by gift/inheritance

• Escheat: When no legal heirs exist, property passes to the state

Real-World Examples of Inheritance Without a Will

🔹 Example 1: Married With Children From Another Relationship

Jose dies without a will. He was married to Ana but had a child from a prior marriage.

• Ana keeps her half of community property

• Jose’s half of community property goes to his child

• Jose’s separate property is split: 1/3 to Ana, 2/3 to the child

🔹 Example 2: Unmarried Man With No Children

David dies with no spouse, children, or will. His parents are both alive.

• Each parent inherits 50% of his estate

🔹 Example 3: Single Woman With Siblings

Rachel dies unmarried with no children. Her parents are deceased.

• Her siblings inherit equal shares of her estate

What If There Are Disputes Among Heirs?

Intestate succession can lead to disagreements, especially when:

• Heirs can’t agree who should be the administrator

• There are half-siblings or stepchildren

• Someone challenges paternity or heirship

• A long-lost relative comes forward

• Property values are disputed

In these cases, the court may require a heirship proceeding, and The Lange Firm can represent your interests and protect your rightful share.

How to Avoid Intestate Succession

The best way to prevent complications is to create a valid estate plan. This may include:

• A properly drafted last will and testament

• A revocable living trust

• Payable-on-death or transfer-on-death accounts

• Naming beneficiaries for life insurance and retirement accounts

• Gifting assets during your lifetime

• Recording real estate deeds with survivorship clauses

✅ The Lange Firm helps individuals and families across Texas put clear, enforceable estate plans in place to avoid probate uncertainty.

How The Lange Firm Can Help

Whether you’re trying to settle a loved one’s estate or want to avoid intestate succession in your own planning, The Lange Firm offers:

• Full representation in probate and heirship proceedings

• Guidance through intestate property distribution

• Protection against disputes or fraud

• Custom estate plans to prevent intestate succession

• Title and real estate services for inherited property

📞 Contact us today for a free consultation and ensure your family’s future is protected with legal clarity.

Final Thoughts

So, what is intestate succession?

✅ It’s Texas’s default system for distributing assets when someone dies without a will.
✅ It may not follow the deceased’s wishes, and it can lead to disputes and delays.
✅ With smart estate planning, you can avoid it entirely.

Let The Lange Firm help your family navigate intestate succession with confidence—or avoid it altogether by planning ahead.