a)  1/2 outright to mother if she is alive.  If not, then to your siblings or their lineal descendants.  If you have no living siblings or descendants, then to your father if he is living.  If not, then to your mother's kin.

​b)  1/2 outright to father if he is alive. If not, then to your siblings or their lineal descendants.  If you have no living siblings or descendants, then to your mother if she is living.  If not, then to your father's kin.

a)  1/2 outright to mother if she is alive.  If not, then to your siblings or their lineal descendants.  If you have no living siblings or descendants, then to your father if he is living.  If not, then to your mother's kin.

​b)  1/2 outright to father if he is alive. If not, then to your siblings or their lineal descendants.  If you have no living siblings or descendants, then to your mother if she is living.  If not, then to your father's kin.

You are unmarried, widowed or a widower, but you have no children or descendants.

You are married, and have any children or descendants.

Under the laws of "intestacy", you are said to die intestate if you do not leave a will, trust, or other "testamentary document".  In that event, state law dictates to whom your property passes.  You may not agree with what state law provides.  You are free to provide for your property to pass just about any way you want, but you have to write it down in a valid and enforceable way.  

Below, you will find charts explaining what happens to your property, under Texas law, if you do not leave your own instructions.  Here is another chart showing how intestacy works in Texas.  Other states have different laws and will have different results.  Real estate is generally treated as passing subject to the laws of the state in which it is located.  Personal property, i.e. financial assets, tangible property like your personal belongings, art, cars, etc., are generally treated as passing subject to the laws of the state in which you were domiciled at the time of your death.  Note that "domiciled" does not necessarily mean where you were actually living at the time of your death (think of temporary living arrangements, temporary out-of-state work assignments, etc.).  

All your community property, real estate and personal property, goes to your spouse outright.

All your community property, real estate and personal property, goes to your children and descendants outright.

All your community property, real estate and personal property, goes to your spouse outright.

You are married but have no children.

You are married, have children, but some or all children are not from your marriage.

You are married, have children, and all children are from your marriage.

All outright to your children and descendants.

All outright to your children and descendants.

a)  1/3 outright to your spouse. 

b)  2/3 outright to children and descendants.

As to your Real Estate:

Law Office of David L. Howell

INTESTACY IN TEXAS

You are unmarried, widowed or a widower, and you have children or descendants.

You are married, but you have no children or descendants.

a)  1/3 to your spouse, as a life estate - spouse can use for the balance of his/her life.  Then to children and descendants.

b)  2/3 outright to children and descendants.

As to your Community Property:

All outright to your spouse.

​

a)  1/2 outright to your spouse.

b)  1/4 outright to mother if she is alive.  If not, then to your siblings or their lineal descendants.  If you have no living siblings or descendants, then to your father if he is living.  If not, then to your spouse.

​b)  1/4 outright to father if he is alive. If not, then to your siblings or their lineal descendants.  If you have no living siblings or descendants, then to your mother if she is living.  If not, then to your spouse.

As to your Personal Property:

As to your Separate Property:

Business and Estate Planning attorneY, Admitted in Texas and California,

BASED IN austin, SERVING lakeway, bee caves, westlake Hills and all of texas