- Intestate Share
- Community Property
- Homestead Rights
- Exempt Property
Surviving Spouse’s Share – No Non-Spousal Descendants
Surviving Spouse’s Share – Non-Spousal Descendants
Does a Surviving Spouse Automatically Inherit Everything In Texas?
No. The surviving spouse’s inheritance depends on the titling of assets and the other survivors of the Decedent.
If the decedent had no children, then the surviving spouse inherits everything. This means the surviving spouse receives the entire estate and the 1/2 of the community property of the deceased spouse. Likewise, if there are only surviving children of the marriage (decedent did not have any surviving children from a prior relationship), the surviving spouse inherits inherits the decedent’s 1/2 of the community property.
However, if the decedent had descendants that were not also descendants of the surviving spouse, the surviving spouse does not inherit decedent’s 1/2 of the community property. Instead, the assets will pass to the decedent’s descendants.
Remember, this is the law when the decedent dies without a will.