Texas Intestate Succession: Who Inherits When There Is No Will
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Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.
When a Texas resident dies without a will, Estates Code Chapter 201 decides who inherits, and the answer depends on whether there is a spouse, children, parents or siblings and on whether the property is community or separate. This guide summarizes the statute’s main rules. It does not cover homestead rights, which Chapter 201 does not address.
If there is no surviving spouse
The estate passes to the children and their descendants. If there are none, it goes equally to the father and mother. If only one parent survives, half goes to that parent and half to siblings and their descendants, or all to the parent if there are no siblings or sibling descendants. If neither parent survives, it goes to siblings and their descendants (Sec. 201.001).
If none of those relatives survive, the estate splits into two moieties, one to paternal kindred and one to maternal kindred, passing through grandparents and their descendants (Sec. 201.001).
Separate property with a surviving spouse
- Spouse and children or their descendants: the spouse takes one-third of the personal estate and a life estate in one-third of the land. The rest goes to the children or descendants, with the remainder in the land (Sec. 201.002).
- Spouse and no child or descendant: the spouse takes all the personal estate and one-half of the land without remainder. The other half of the land passes by the rules in Sec. 201.001 (Sec. 201.002).
- No surviving parent, sibling or their descendants: the spouse takes the entire estate (Sec. 201.002).
Community property
Community property passes to the surviving spouse if no child or descendant survives, or if all surviving children and descendants are also the surviving spouse’s (Sec. 201.003). If the deceased spouse had a child or descendant who is not also the surviving spouse’s, the deceased spouse’s undivided one-half of the community passes to those children or descendants, charged with community debts.
Other rules that affect a sale
- An adopted child inherits as a natural child, including a child who was equitably adopted (Sec. 201.054).
- A person must be born before or in gestation at the death and survive by at least 120 hours (Sec. 201.056).
- Descendants take per capita with representation, meaning each descendant of a deceased person takes that person’s share (Sec. 201.101).
- Heirs take as if the decedent were the original purchaser (Sec. 201.103).
- A good-faith buyer for value from heirs who relies on an affidavit of heirship that omits a non-presumed child not yet adjudicated an heir gets good title to the interest the heirs would have had, and the heirs remain liable for the proceeds to the omitted child (Sec. 201.053).
We did not open the homestead provisions, so we do not state how a homestead passes. To prove who the heirs are, see the Texas affidavit of heirship and the small estate affidavit.
How to sell a house in Texas when the owner died without a will
- Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
- Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
- Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
- If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.
Texas intestate succession FAQ
Who inherits if there is no will in Texas?
It depends on the family. With no spouse, children inherit first, then parents, then siblings and more distant kin (Estates Code Sec. 201.001). A spouse's share depends on whether the property is separate or community (Secs. 201.002 and 201.003).
What does a surviving spouse get in Texas?
From community property, the spouse takes it all if there are no children or all children are also the spouse's. From separate property, the share depends on whether children survive (Secs. 201.002 and 201.003).
Do adopted children inherit?
Yes, as natural children, including equitably adopted children (Sec. 201.054).
How long must an heir survive?
At least 120 hours after the death (Sec. 201.056).
Sources
This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.