Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(a) If a person who dies intestate leaves a surviving spouse, the estate, other than a community estate, to which the person had title descends and passes as provided by this section.
(b) If the person has one or more children or a descendant of a child:
(1) the surviving spouse takes one-third of the personal estate;
(2) two-thirds of the personal estate descends to the person's child or children, and the descendants of a child or children; and
(3) the surviving spouse is entitled to a life estate in one-third of the person's land, with the remainder descending to the person's child or children and the descendants of a child or children.
(c) Except as provided by Subsection (d), if the person has no child and no descendant of a child:
(1) the surviving spouse is entitled to all of the personal estate;
(2) the surviving spouse is entitled to one-half of the person's land without a remainder to any person; and
(3) one-half of the person's land passes and is inherited according to the rules of descent and distribution.
(d) If the person described by Subsection (c) does not leave a surviving parent or one or more surviving siblings, or their descendants, the surviving spouse is entitled to the entire estate.
Cite this article: FindLaw.com - Texas Estates Code - EST § 201.002. Separate Estate of an Intestate - last updated April 14, 2021 | https://codes.findlaw.com/tx/estates-code/est-sect-201-002/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.