RULES OF DESCENT AND DISTRIBUTION (Texas Estates Code Chapter 201)
Definition: Intestate means dying without a will.
INTESTATE SUCCESSION, without a spouse:
Leaving only a child or children:
Estate passes to children and/or children’s descendants.
Leaving no children or children’s descendants, but parents:
Estate passes 50-50 to parents.
Leaving one parent and sibling(s):
Estate passes 50% to the parent and 50% to the siblings and siblings’ descendants.
Leaving no parent but sibling(s):
Estate passes to siblings and sibling’s descendants.
Leaving no kindred described above:
Estate passes to paternal kindred and maternal kindred, 50-50. Texas Estate Code Section 201.001(f),(g).
INTESTATE’S SEPARATE ESTATE, leaving a spouse:
- With one child or more, the surviving spouse takes one-third of the personal estate. Two thirds of the personal estate descends to the decedent’s children, and the descendants of the children. Tex. Estate Code 201.002(b)(1)(2).
The surviving spouse is entitled to a life estate in one-third of the decedent’s land, with the remainder descending to the decedent’s child or children and descendants of a child or children. Tex. Estates Code 201.002(b)(3).
2. Except as in (3) no child and no descendants of a child:
The surviving spouse is entitled to all of the personal estate;
The surviving spouse is entitled to one-half of the person’s land without a remainder to any person; and one-half of the decedent’s land passes and is inherited according to the rules of descent and distribution.
3. If the decedent leaves no children or descendants or descendants of children, no parents, no siblings or descendants of siblings, the surviving spouse is entitled to the entire estate. Tex. Estates Code 201.002(d).
COMMUNITY ESTATE OF AN INTESTATE
If a person dies intestate leaving a surviving spouse, the community estate of the deceased spouse passes as follows:
- To the surviving spouse, if no child or other descendant of the deceased spouse survives the deceased spouse. Tex. Estates code 201.003(b)(1).
- To the surviving spouse, if all of the surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse. Tex. Estates Code 201.003(b)(2).
- If the deceased spouse is survived by a child or other descendant who is not also a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the deceased spouse’s children or descendants. Tex. Estates Code Section 201.003(c).