Married Person with Child[ren] |
Separate Property
(Real Estate)
 |
All realty is owned by decedent's child[ren] when surviving spouse dies |
Separate Property
(All Other Property)
 |
Community Property
(Real Estate)
 |
Only Applies if
All surviving child[ren] and descendants of decedent are also child[ren] or descendants of surviving spouse. |
Community Property
(All Other Property)
 |
Community Property
(Real Estate)
 |
Only Applies if
There are children from outside of the existing marriage on the date of death of the deceased. Child[ren] of deceased child[ren] take their parent's share subject to advancements. |
Community Property
(All Other Property)
 |
Single or Widowed Person with No Child[ren] |
Father and Mother
Surviving Only
 |
Entire estate goes to parent if no siblings or their descendants survive decedent |
Parent and Siblings
Survive
 |
Widow[er] with Child[ren] |
Real Estate
 |
Any child[ren] take their share subject to amendments |
All Other Propery
 |
Married Person with No Child[ren] |
Separate Property
(Real Estate)
1. Parents Survive
2. One Parent Survives
3. No Siblings or Their Descendants
4. No Surviving Parent
5. No Siblings [Descendants] or Parents
 |
|
Separate Property
(All Other Property)
 |
Community Property
(Real Estate)
|
|
Community Property
(All Other Property)
|
Caveat: See Texas Probate Code §42, Inheritance Rights of Illegitimate Children, and §47(a), Heirs Required Survival by 120 Hours.
|
