Tex.
Est. Code Section 201.002
Separate Estate of an Intestate
(a)
If a person who dies intestate leaves a surviving spouse, the estate, other than a community estate, to which the person had title descends and passes as provided by this section.(b)
If the person has one or more children or a descendant of a child:(1)
the surviving spouse takes one-third of the personal estate;(2)
two-thirds of the personal estate descends to the person’s child or children, and the descendants of a child or children; and(3)
the surviving spouse is entitled to a life estate in one-third of the person’s land, with the remainder descending to the person’s child or children and the descendants of a child or children.(c)
Except as provided by Subsection (d), if the person has no child and no descendant of a child:(1)
the surviving spouse is entitled to all of the personal estate;(2)
the surviving spouse is entitled to one-half of the person’s land without a remainder to any person; and(3)
one-half of the person’s land passes and is inherited according to the rules of descent and distribution.(d)
If the person described by Subsection (c) does not leave a surviving parent or one or more surviving siblings, or their descendants, the surviving spouse is entitled to the entire estate.
Source:
Section 201.002 — Separate Estate of an Intestate, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm#201.002 (accessed May 26, 2025).
