Texas Estates Code

§ 201.002 — SEPARATE ESTATE OF AN INTESTATE

ES § 201.002Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part E. INTESTATE SUCCESSION · Ch. 201. DESCENT AND DISTRIBUTION · Art. A. INTESTATE SUCCESSION

Statute text

View on source

(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:

…

Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.