Tx Spouse Texas Without Will
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FAQ
Your surviving spouse will inherit all your community property if all your children are also your surviving spouse's children; But if you have children from another marriage, all your one-half interest in community property will pass to your children, with your spouse keeping only his or her one-half interest.
Naming Your Spouse as Your Beneficiary In Texas, your spouse cannot inherit from you after you divorce unless you make an affirmative statement that that is what you want. But Texas law does not govern your 401(k), 403(b), 457 or other ?qualified? (meaning tax deferred) funds.
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.
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.