Read about the inheritance rights of children in Texas

Published by Robert A. Ray

– Robert Ray

Children in Texas Inheritance Law

  1. Biological Children Inherit.
  2. Adopted Children Inherit.
  3. Children in Non-parental Care may Inherit.
  4. Illegitimate Children Inherit.


If a person leaves a valid, non-contested, will, the will determines who inherits the estate. If there is no valid will, then the Texas law of Descent and Distribution determines who inherits. The law favors children. This page provides the reader information about the inheritance rights of children. As you will see below, we discuss the inheritance rights of natural born, adopted and even illegitimate children. There is also a discussion about the inheritance rights of pretermitted children, those born after a will is made by their parent and are not otherwise provided for. And a discussion about those children who were adopted by estoppel or those children who were raised by someone but who were never formally adopted.

Inheritance rights determine who gets property when a person dies intestate (without a valid will.) If there is a valid will that disposes of all of a decedent’s property, then the valid will determines who gets the property. Sometimes, wills are not valid and are contested. Other times, the valid will does not dispose of all of a persons property. In that case, the laws of inheritance rights come in to play for the property not disposed of by the will.

If you have a question about a pending or anticipated lawsuit concerning your rights as a child, use the Contact Us page at the top of the site to see if we can help. Let’s work together!

Articles on Inheritance Rights of Children

Contesting a will in Texas

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Inheritance Rights of Children in Texas

As an easy starting point to learn about the inheritance rights of children, the following list is provided: The inheritance rights of natural children; The inheritance rights of adopted children; The inheritance rights of children born after a will is made; and The...

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Can Adopted Children Inherit in Texas?

Can Adopted Children Inherit in Texas?

In Texas, when a child is legally or formally adopted, they inherit to the same extent as natural children. A formal adoption is where the court system is involved.  A suit for adoption is filed.  Then, in some cases, the state investigates the adopting parents to...

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Inheritance Rights of Natural Children

Inheritance Rights of Natural Children

Natural children are the biological children of their parents. This article discusses the inheritance rights of those children. In Texas, in general, children inherit the estate of their parents if there is no valid will. The spouse of the parent will also inherit a...

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Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).
Contesting a will in Texas

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