Inheritance Overview

Start Here to Learn about Inheritance Rights in Texas

Inheritance rights in Texas are important if a person dies intestate (without a valid will).

Generally, a valid will determines who gets the decedent’s property. A valid will is one that is made when the testator (the person who makes a will) has the mental ability (testamentary capacity) to be able to make a will and is not being unduly influenced by someone to make a will that he would not make except for the undue influence.

But, if the will is contested and there is no prior will, the testator dies intestate. More frequently than you would think, a person will make a will, but the will does not dispose of all of the testator’s property. The testator dies intestate as to the property not disposed of by the will.

What’s on this page?

This page provides information about inheritance rights in various situations. Clicking on the links leads to more information.

You can always use the menu at the top to explore this website and find answers to your questions about Texas inheritance rights.

Do not take, or refrain from taking, any action based on what you read. You need to discuss your situation with your attorney, who can advise you based on your facts.

Inheritance Rights of Spouses

In the absence of a will, the spouse of the deceased has a legal claim to a portion of the estate, but what proportion of that estate depends on several factors, including whether or not there were children, whose children they were, whether the deceased parents are still living, and whether or not the deceased had any (living) siblings.

To learn more about the inheritance rights of spouses, click here.

Children‘s Inheritance Rights in Texas

Where there is no will or a will that has been successfully contested, children inherit the bulk of the deceased’s estate. This is true of natural-born children as well as adopted children.

Some cases involving illegitimate children, pretermitted (forgotten) children, or children whose adoptions weren’t official can sometimes be more complicated. In most cases, these children have equal inheritance rights to natural children.

To learn more about the inheritance rights of children, click here.

DNA evidence is changing how courts consider children’s inheritance rights. You can read about it here and listen to our podcast.

Testate Succession

When a person dies with a valid will or a bad will that has not been contested, his property goes to those named in the will.

Intestate Succession

Texas has laws of descent and distribution that set out how property is passed if a person dies without a will. When a person dies in Texas without a will or when a will is successfully contested, his property goes through an heirship proceeding if he does not have an older, valid will that can be probated. You can read about heirship proceedings on this site.

Property Subject to Probate in Texas

Not all property is treated the same under inheritance laws. The kind of property owned at death and the form in which it is held determine to whom the property is distributed at death.

For instance, if you have a life insurance policy, you will have someone named as a beneficiary. The person named beneficiary on that account will receive those benefits rather than the funds distributed by inheritance law. The same applies to bank accounts, retirement accounts, etc., if they have a beneficiary named.

For more information on how property is categorized under the law, view this article:

Kind of Texas Property that is Inherited if You Die Intestate.