Texas Spouse Dies Without Will
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FAQ
Intestacy laws in Texas state that your assets will be distributed to your closest relatives. This usually means that the community property is divided equally between your surviving spouse and all of your descendants.
When a Texas resident dies without a will, their estate is said to be ?intestate.? If the decedent is married, the surviving spouse typically inherits all of the deceased's community property. If the decedent was not married, their intestate estate generally passes to their children or other close relatives.
Spoiler alert: probate is only necessary if the deceased spouse passes away owning property held solely in their name.
Technically speaking, probate is not always necessary in Texas when someone dies without a will. Only in certain situations, alternative processes can be used to distribute the deceased person's assets without the need for a dependent administration.
The surviving spouse automatically receives all community property. Separate personal property also goes completely to the surviving spouse, while separate real property is split down the middle between the surviving spouse and the deceased's parents, siblings or siblings' descendants, in that order.