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When there is no will, the person's probate estate is distributed under the Texas intestate succession laws. Under the Texas intestate succession laws set forth in the Texas Estates Code, where there is no surviving spouse or children, the estate would get distributed in the following priorities:
Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING SPOUSE. (a) If a person who dies intestate does not leave a spouse, the estate to which the person had title descends and passes in parcenary to the person's kindred in the order provided by this section.
(b) The person's estate descends and passes to the person's children and the children's descendants.
(c) If no child or child's descendant survives the person, the person's estate descends and passes in equal portions to the person's father and mother.
(d) If only the person's father or mother survives the person, the person's estate shall:
(1) be divided into two equal portions, with:
(A) one portion passing to the surviving parent; and
(B) one portion passing to the person's siblings and the siblings' descendants; or
(2) be inherited entirely by the surviving parent if there is no sibling of the person or siblings' descendants.
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