estate planning + business entities + real estate + asset protection + small-business

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

• Community Real Property: all to surviving spouse
• Community Personal Property: all to surviving spouse
• Separate Real Property: one fourth to decedent’s father, one fourth to decedent’s mother, one half to surviving spouse. It gets much more complicated if only one or none of the parents survives.
• Separate Personal Property: all to surviving spouse

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

• Community Real Property: All to surviving spouse
• Community Personal Property: All to surviving spouse
• Separate Real Property: two thirds equally among decedent’s children and one third to surviving spouse for life, and after the surviving spouse dies, the one third goes to decedent’s children.
• Separate Personal Property: two thirds equally among decedent’s children and one third to surviving spouse for life, and after the surviving spouse dies, the one third goes to decedent’s children.

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

• Community Real Property: one half equally among all of decedent’s children, and one half to surviving spouse
• Community Personal Property: one half equally among all of decedent’s children, and one half to surviving spouse
• Separate Real Property: two thirds equally among decedent’s children and one third to surviving spouse for life, and after the surviving spouse dies, the one third goes to decedent’s children.
• Separate Personal Property: two thirds equally among decedent’s children and one third to surviving spouse for life, and after the surviving spouse dies, the one third goes to decedent’s children.

Decedent unmarried at time of death with no children

• Real Property: equally divided among decedent’s parents. If neither parent survives, equally divided among decedent’s brothers and sisters. More complicated if both parents are dead and a brother or sister is also dead.
• Personal Property: equally divided among decedent’s parents. If neither parent survives, equally divided among decedent’s brothers and sisters. More complicated if both parents are dead and a brother or sister is also dead.

Decedent unmarried at time of death with children

• All property equally divided among children. More complicated if some children are alive but some are already dead.