Topic guideUpdated 2026-02-27
Texas Probate Without a Will (Intestacy)
How intestate succession works in Texas — who inherits, in what order, and how administration differs without a will.
Texas's intestacy hierarchy §201.001–201.151
If there is a surviving spouse
- Spouse inherits the all community property; all personal property and one-third of separate lands (remainder to descendants) if surviving descendants exist — otherwise all separate property
- Spouse receives all community property; all separate personal property; one-half of separate land (other half to parents, siblings, or their descendants) if the deceased has surviving parents but no children
- Spouse receives all community property; one-third of separate personal property and a life estate in one-third of separate land if there are surviving children who are also children of the surviving spouse
- Spouse receives one-half of community property; one-third of separate personal property and a life estate in one-third of separate land if there are surviving children who are not children of the surviving spouse
💡An heir must survive the decedent by at least 120 hours (5 days) under § 121.052 to inherit under Texas law.
If there is no surviving spouse
- Descendants take per capita with representation (§ 201.101)
- If no descendants: parents and siblings (and their descendants) share under § 201.001(b)–(e)
- If no parents or siblings: estate divides in half — one half to paternal kindred, one half to maternal kindred (§ 201.001(f))
- More remote relatives inherit only when nearer relatives do not survive
Administrator appointment §304.001
Without a will naming an Executor, the court appoints an administrator. Texas law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion.
💡Unlike an executor named in a will, an administrator may be required to post a bond §305.101 — a type of insurance policy that protects the estate if the administrator mismanages assets.
Key differences from having a will
- No ability to choose who receives specific items or property
- No ability to name who should serve as Personal representative
- No ability to disinherit a statutory heir (intestacy follows a fixed formula)
- No ability to designate a guardian for minor children
- Distribution may not reflect the deceased person's actual wishes
⚠If the estate involves minor children, a surviving spouse with children from another relationship, or significant assets, legal guidance is strongly recommended. Intestacy rules can produce results that surprise families.
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Related guides
Legal authoritiesStatutes referenced on this page
Tex. Estates Code § 201.001–201.151
Spouse's intestate share
Defines what a surviving spouse inherits when there is no will.
- Spouse gets all community property; all personal property and one-third of separate lands (remainder to descendants) if surviving descendants exist — otherwise all separate property
- With children of both: all community property; one-third of separate personal property and a life estate in one-third of separate land
- With step-children: one-half of community property; one-third of separate personal property and a life estate in one-third of separate land
- Survival requirement: 120 hours (5 days) under § 121.052
Tex. Estates Code § 304.001
Administrator appointment
Without a will naming an executor, the court appoints an administrator from a statutory priority list.
Verified 2026-07-24 · quarterly review
Tex. Estates Code § 305.101
Bond requirement
An administrator may be required to post a bond to protect the estate from mismanagement.
Verified 2026-07-24 · quarterly review
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →