In the state of Texas, can or does the eldest child (from…

Who Gets What in Texas?

Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:

If you die with:here’s what happens:

• children but no spouse, parents, or siblings

• children inherit everything

• spouse but no children, parents, or siblings

• spouse inherits everything

• parents but no children, spouse, or siblings

• parents inherit everything

• siblings but no children, spouse, or parents

• siblings inherit everything

• a spouse and children who are also the children of your spouse

• spouse inherits all of your community property, plus 1/3 of your separate personal property and the right to use your real estate for life
• children inherit everything else

• a spouse and children who are not the children of your spouse

• spouse inherits 1/3 of your separate personal property and the right to use your real estate for life
• children inherit everything else, including your 1/2 interest in the community property

• a spouse and parents

• spouse inherits all of your community property, all of your separate personal property, and 1/2 of your separate real estate
• parents inherit everything else

• a spouse and siblings, but no parents

• spouse inherits all of your community property, all of your separate personal property, and 1/2 of your separate real estate
• siblings inherit everything else

The Spouse’s Share in Texas

In Texas, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property -- as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.

If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?

Your spouse will inherit your half of the community property. If you have separate property (many spouses mix everything together and don’t have any separate property) your spouse will inherit all or a portion of it. The size of your spouse’s share of your separate property depends on whether or not you have living parents, children, or siblings. If you do, they and your spouse will share your separate property.

• a spouse and children who are also the children of your spouse

• spouse inherits all of your community property, plus 1/3 of your separate personal property and the right to use your real estate for life
• children inherit everything else

• a spouse and children who are not the children of your spouse

• spouse inherits 1/3 of your separate personal property and the right to use your real estate for life

This sets out the share of the children/stepchildren , both you and them have an interest under hte awl.The probate court would make findings under these laws as to heirs and their shares under the law here in Texas.

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