- Intestate Share
- Community Property
- Homestead Rights
- Exempt Property
- Family Allowance
The amount of separate property real estate, personal property, and community property inherited by the surviving spouse depends on if children, parents, and siblings survive the decedent. See our intestate succession chart in our article on next of kin in Texas.
Allowance In Lieu Of Exempt Property
The Texas Estates Code, section 353.053, also provides for an allowance in lieu of exempt property, stating:
(a) If all or any of the specific articles of exempt property described by Section 353.051(a) are not among the decedent’s effects, the court shall make, in lieu of the articles not among the effects, a reasonable allowance to be paid to the decedent’s surviving spouse and children as provided by Section 353.054.
(b) The allowance in lieu of a homestead may not exceed $45,000, and the allowance in lieu of other exempt property may not exceed $30,000, excluding the family allowance for the support of the surviving spouse, minor children, and adult incapacitated children provided by Subchapter C.
A surviving spouse is also entitled to family allowance for one year payable from decedent’s estate. Texas Estates Code section 353.102.