Texas Estates Code Sec. 201.001: Estate of an Intestate Not Leaving Spouse

This section of the Texas Estates Code governs who inherits when a person dies intestate and leaves no surviving spouse. It establishes a mandatory order of descent, beginning with descendants and moving outward through parents, siblings, and more remote paternal and maternal kindred.

The Statutory Rule

Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING SPOUSE.

(a) If a person who dies intestate does not leave a spouse, the estate to which the person had title descends and passes in parcenary to the person's kindred in the order provided by this section.

(b) The person's estate descends and passes to the person's children and the children's descendants.

(c) If no child or child's descendant survives the person, the person's estate descends and passes in equal portions to the person's father and mother.

(d) If only the person's father or mother survives the person, the person's estate shall:

(1) be divided into two equal portions, with:

(A) one portion passing to the surviving parent; and

(B) one portion passing to the person's siblings and the siblings' descendants; or

(2) be inherited entirely by the surviving parent if there is no sibling of the person or siblings' descendants.

(e) If neither the person's father nor mother survives the person, the person's entire estate passes to the person's siblings and the siblings' descendants.

(f) If none of the kindred described by Subsections (b)-(e) survive the person, the person's estate shall be divided into two moieties, with:

(1) one moiety passing to the person's paternal kindred as provided by Subsection (g); and

(2) one moiety passing to the person's maternal kindred as provided by Subsection (h).

(g) The moiety passing to the person's paternal kindred passes in the following order:

(1) if both paternal grandparents survive the person, equal portions pass to the person's paternal grandfather and grandmother;

(2) if only the person's paternal grandfather or grandmother survives the person, the person's estate shall:

(A) be divided into two equal portions, with:

(i) one portion passing to the surviving grandparent; and

(ii) one portion passing to the descendants of the deceased grandparent; or

(B) pass entirely to the surviving grandparent if no descendant of the deceased grandparent survives the person; and

(3) if neither the person's paternal grandfather nor grandmother survives the person, the moiety passing to the decedent's paternal kindred passes to the descendants of the person's paternal grandfather and grandmother, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants.

(h) The moiety passing to the person's maternal kindred passes in the same order and manner as the other moiety passes to the decedent's paternal kindred under Subsection (g).

Explanation

What it does: This section sets the priority order of inheritance when the decedent dies intestate and leaves no surviving spouse.

High-level order of takers:

• Children and descendants of children
• Parents
• Parent and siblings (if only one parent survives)
• Siblings and descendants of siblings
• If none of the above: division into paternal and maternal halves, moving outward through ancestors and their descendants

Key concept: This section determines who takes and in what priority, not how shares are calculated among descendants of the same class.

Practice note: The mechanics of dividing shares among descendants—such as per capita with representation—are governed by Texas Estates Code Sec. 201.101.