Texas Intestate Succession

In Texas, with regard to the community estate, only when all of the children of the decedent are not also children of the surviving spouse, the statute states that 1/2 of the community estate is "retained " by the surviving spouse.

Does this mean that all of the decedent's community estate passes to his children? Or does it mean that the spouse retains 1/2 of his community estate (or 1/4th interest in the property)??

One website says that if deceased is intestate and all of his children are not also children of surviving spouse, then surviving spouse gets only her (or his) community one-half and the children get 100% of his community one-half. So surviving spouse would get nothing extra. However, surviving spouse has certain rights to continue living in the house, etc. Community debts follow the community property. Anyone in this situation should consult an estates lawyer.

Hey Gary -

See if any of the attached helps.

You can also Google "Intestate Succession in Texas" or something similar and you will find any number of references.


708-IntestacyChart7.8.09.pdf (169 KB) 709-Intestate_Succession_Texas_Basics.pdf (152 KB) 710-INTESTATE_DISTRIBUTION.ppt (316 KB)

Thanks Charles! I found a good chart yesterday which cleared up my question.

Thank you for your response. I found a good chart yesterday which cleared it up for me.

It means that the decedent's undivided 1/2 community interest goes to ALL of his children, and the surviving spouse retains his or her other undivided 1/2 community interest. The formula is different for separate property.