The Critical Texas Intestacy Rule (§ 201.003)
Many married Texans mistakenly believe that if they die without a will (intestate), everything automatically passes to their surviving spouse. Under Texas law, that is dangerously inaccurate when children from outside the marriage exist.
The Statutory Split Under § 201.003(c)
If a married person dies intestate survived by a spouse AND leaves children or descendants who are NOT also children of the surviving spouse:
- The surviving spouse retains their own 1/2 of the community estate;
- The decedent's 1/2 of the community estate does NOT pass to the surviving spouse; it vests entirely in the decedent's children;
- The decedent's separate personal property passes 1/3 to the spouse and 2/3 to the children (§ 201.002(b)).
The Resulting Property Tracing War
In these blended family intestacy cases, the surviving spouse and the decedent's children immediately become adverse tenants-in-common. Every dollar traced from community to separate property alters the inheritance distribution, triggering high-stakes characterization and reimbursement litigation.