Who inherits your property if you die intestate (without a will)?

**Separate property **–

1. If there is no spouse – all to children. If there are no children then to parents.
1. If there is a spouse -
a. If no children – all personal property to spouse; one half of real property to spouse, balance to parents. If no parents living and no brothers or sisters or their descendants living, all to spouse.
b. if children – one third of personal property to spouse, balance to children. Spouse has a one third life estate in real property, balance to children who also get spouse’s share once he/she dies.

**Community property **-

1. If there are children -
a. If all children of the deceased person are children of surviving spouse – all to spouse.
b. If some children of the deceased person are not also children of surviving spouse – all of decedent’s one half of the community will go to children.

2. If there are no children or descendants of the deceased – all to surviving spouse.

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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.