What Happens When Someone Dies Without a Will in Texas?

When a Texas resident dies without a will — known legally as dying “intestate” — state law determines who inherits their property. Under Texas Estates Code § 201.001 et seq., the decedent’s assets pass to surviving family members according to a fixed statutory formula. The results can be surprising, especially for families in Dallas, Houston, and other Texas cities who assumed their loved one’s property would automatically go to a surviving spouse or children.

McCulloch & Miller, PLLC helps families across Texas understand their rights and options when a loved one dies intestate. The firm’s probate attorneys have over 35 years of experience handling intestate estates in Dallas County, Harris County, and courts throughout the state, with flat fee pricing available on many matters.

How Does Texas Intestate Succession Work?

Texas intestate succession is the legal framework that determines who inherits when there is no will. The rules depend on two key factors: whether the decedent was married at the time of death, and whether the decedent’s property is classified as community property or separate property under Texas law.

Texas is a community property state, meaning most assets acquired during a marriage belong equally to both spouses. Separate property includes assets owned before marriage, gifts received during marriage, and inheritances. The distinction matters because intestate succession treats community and separate property differently.

The intestate succession rules are rigid. A court cannot deviate from them based on what the decedent might have wanted or what seems fair to the family. Only a valid will — or in some cases, a trust — gives a Texas resident the ability to direct where their assets go after death. This is one of the strongest reasons estate planning matters for every Texas family.

Who Inherits Community Property When There Is No Will?

If the decedent was married and all of the decedent’s children are also children of the surviving spouse, the surviving spouse inherits all of the community property. This is the result most families expect.

However, if the decedent had children from a prior relationship — even one child — the outcome changes dramatically. Under Texas Estates Code § 201.003, the decedent’s one-half interest in the community property passes to those children, not to the surviving spouse. The surviving spouse keeps only their own one-half of the community estate. In practice, this can force a surviving spouse to share ownership of the family home, bank accounts, and retirement assets with the decedent’s children from another relationship.

For blended families in Dallas and across Texas, this is one of the most consequential — and most commonly misunderstood — outcomes of dying without a will.

Who Inherits Separate Property Without a Will?

The rules for separate property are even more complex. If the decedent was married and left children (or descendants of deceased children), the surviving spouse receives one-third of the separate personal property and a life estate in one-third of the separate real property. The children inherit the remaining two-thirds outright, plus the remainder interest in the real property after the life estate ends.

If the decedent was married with no children or descendants, the surviving spouse inherits all of the separate personal property and one-half of the separate real property. The other half of the real property passes to the decedent’s parents, siblings, or more distant relatives under the statutory order of inheritance.

If the decedent was unmarried, all property passes to the decedent’s children equally. If there are no children, the estate passes to the decedent’s parents, then siblings, then more distant relatives in a specific order defined by the Texas Estates Code.

What Is an Heirship Proceeding in Texas?

When someone dies without a will in Texas, the family typically needs to file a determination of heirship proceeding to establish who the legal heirs are. This is a court proceeding filed in the county where the decedent resided — for Dallas families, this means filing in a Dallas County probate court.

An heirship proceeding requires testimony from the applicant and at least one disinterested witness who knew the decedent and their family. The court may also appoint an attorney ad litem to investigate and represent the interests of any unknown heirs. Once the court determines the heirs, it issues a judgment declaring each heir’s share of the estate.

Heirship proceedings are generally more time-consuming and more expensive than probating a will. They also carry more uncertainty, since the court must independently verify family relationships rather than simply following the decedent’s written instructions.

Can You Avoid Intestate Succession Problems?

The most reliable way to avoid intestate succession is to execute a valid will that clearly states how you want your assets distributed. For families with more complex needs — such as blended families, business owners, or individuals with significant real property — a revocable living trust may provide additional flexibility and probate avoidance.

Texas law also allows certain assets to pass outside of both probate and intestate succession through beneficiary designations (on life insurance, retirement accounts, and payable-on-death bank accounts), joint ownership with right of survivorship, and transfer-on-death deeds for real property.

A comprehensive estate plan addresses all of these tools together to ensure that your assets go where you intend — without leaving the decision to a statutory formula that may not reflect your wishes.

Frequently Asked Questions

Does a surviving spouse automatically inherit everything in Texas?

Not necessarily. If the decedent had children from a prior relationship, the surviving spouse may not inherit the decedent’s share of community property. For separate property, the spouse’s share depends on whether there are surviving children, parents, or siblings. A will is the only way to ensure a specific distribution.

What happens if someone dies without a will and has no family in Texas?

If no heirs can be identified under the Texas Estates Code, the decedent’s property escheats — meaning it passes to the State of Texas. This outcome is rare, as the statute traces inheritance through a broad range of relatives before escheat applies.

How long does an heirship proceeding take in Dallas County?

An heirship proceeding in Dallas County typically takes two to four months, depending on the complexity of the family relationships and whether any heirs are difficult to locate. Cases involving unknown or missing heirs may take longer due to the investigation required by the court-appointed attorney ad litem.

Talk to a Texas Probate Attorney

If a family member has passed away without a will — or if you want to ensure your own estate does not end up in intestate proceedings — the attorneys at McCulloch & Miller, PLLC can help. The firm’s probate team includes founding partner Thomas McCulloch, whose dual JD/CPA credentials provide a distinct advantage when estate and tax issues intersect. McCulloch & Miller serves families in Dallas, Houston, and throughout Texas.

Call (713) 333-8900 or request a consultation online to discuss your options.

This article is for informational purposes only and does not constitute legal advice. Every situation is different — consult with a qualified attorney to discuss your specific circumstances.