Texas Estates Code Sec. 201.003: Community Estate of an Intestate

This section governs how community property passes when a married person dies intestate. The outcome depends primarily on whether the decedent is survived by descendants who are also descendants of the surviving spouse.

The Statutory Rule

Sec. 201.003. COMMUNITY ESTATE OF AN INTESTATE.

(a) If a person who dies intestate leaves a surviving spouse, the community estate of the deceased spouse passes as provided by this section.

(b) The community estate of the deceased spouse passes to the surviving spouse if:

(1) no child or other descendant of the deceased spouse survives the deceased spouse; or

(2) all of the surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse.

(c) If the deceased spouse is survived by a child or other descendant who is not also a child or other descendant of the surviving spouse, the deceased spouse's undivided one-half interest in the community estate passes to the deceased spouse's children or other descendants. The descendants inherit only the portion of that estate to which they would be entitled under Section 201.101. In every case, the community estate passes charged with the debts against the community estate.

Explanation

What it does: This section controls who inherits the decedent’s one-half interest in community property when a married person dies intestate.

Two distinct outcomes:

• If all descendants are shared descendants, the surviving spouse takes the decedent’s entire community interest.
• If any descendant is not a descendant of the surviving spouse, the decedent’s one-half interest passes to the decedent’s children or other descendants, divided under Sec. 201.101.

Gate condition: Subsection (b)(2) applies only if every surviving descendant is also a descendant of the surviving spouse; otherwise Subsection (c) applies.

Debt rule: In every case, the community estate passes subject to debts against the community estate, regardless of who inherits the decedent’s interest.

Key concept: This section balances protection of descendants from prior relationships with continuity of the marital community, while preserving creditor claims against the community estate.

Practice note: This section applies only to community property. Separate property is governed by Sec. 201.002.