Who gets my property if I die without a will?

Your heirs at law will take your property according to the intestacy laws of the Texas Estates Code. The law states who gets what of your property. Unfortunately, because Texas is a community property state, the law further breaks up how the property is divided amongst your heirs according to whether the property was community property or separate property. It then even further divides the property according to real estate and other personal property. The following examples assume that the decedent died on or after September 1st, 1993. I hope the following examples impress upon you the importance of a will.

Decedent married at time of death with no children or descendants

Decedent married at time of death, with child or children and all children are also children of surviving spouse

Decedent married at time of death, with at least one surviving child that is not the child of the surviving spouse

Decedent unmarried at time of death with no children

Decedent unmarried at time of death with children


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