Home›Articles›Does a Spouse Inherit if the Other Spouse Dies Intestate Without a Will

Does a Spouse Inherit if the Other Spouse Dies Intestate Without a Will

Texas Law

Does a spouse inherit if the other spouse dies intestate without a will? That simple question cannot be answered with a simple answer. It can't be answered simply because there are so many factors:

  • Are there children and are they children of both parents? See here, and here.
  • What kind of property is involved? See here.

Texas recognizes common-law marriages or what Texas refers to as" informal" marriages. How does that affect inheritance rights. See here and here.

Because these issues are complicated, you need to discuss your rights with an attorney who understands inheritance laws.

Texas requirements for a common law marriage

Can spouses inherit including common law

Tell me what happened

Write to me through the contact form: what happened, roughly when, and who is involved. I read these myself. Writing means our first conversation can be about your situation instead of getting me up to speed.

This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.