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Who Inherits Under the Texas Laws of Inheritance

The laws of inheritance determine who inherits in the following situations:

  1. A person dies intestate (without a valid will;)
  2. A person has a **valid will **but for some reason, usually a mistake or the death of a beneficiary, the will does not dispose of all of the property - the property not disposed of by the valid will, will go to the persons determined by the laws of inheritance; and,
  3. A person has a will but the will is **contested **and is **not admitted **to probate. The person is then treated as if he died intestate (without a will) and the laws of inheritance determine who inherits the estate.

Texas, like all states, has laws of inheritance that determine who inherits a deceased person's estate. It is important to remember that if a person has a **valid will **that disposes of **all **of his property, it is the will and not the inheritance laws that determines who inherits the estate. The laws of inheritance determine who inherits only when there is no **valid will **that disposes of all of the property.

To find out who inherits the estate's ***property ***if there is no valid will disposing of all of the property, click on one of the following:

  1. Children, including adopted, *pretermitted *and *illegitimate *children;
  2. Adopted children's inheritance from their birth parents;
  3. Spouses, including *common law *as well as *putative *spouses;
  4. Parents and siblings; and
  5. Other relatives like nieces and nephews, aunts and uncles.

To find out what kinds of ***property ***are subject to the laws of inheritance, click here.

**By **Robert Ray a Texas inheritance attorney.

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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.