Texas Estates Code Chapter 201, Subchapter A: Intestate Succession

Subchapter A of Chapter 201 contains the core rules of intestate succession in Texas.

These sections establish the primary inheritance schemes that apply depending on:

• whether the decedent leaves a surviving spouse; and
• how the decedent’s property is characterized.

Scope of Subchapter A

Subchapter A addresses three distinct situations:

• Sec. 201.001: Estate of an Intestate Not Leaving Spouse
  Estate of an intestate who leaves no surviving spouse.
• Sec. 201.002: Separate Estate of an Intestate
  Separate property of an intestate who leaves a surviving spouse.
• Sec. 201.003: Community Estate of an Intestate
  Community property of an intestate who leaves a surviving spouse.

Each section applies a different inheritance framework and must be analyzed independently.

Importance of Property Characterization

For married decedents, Texas intestacy law draws sharp distinctions between:

• community property and separate property; and
• real property and personal property.

As a result, different portions of the same estate may pass to different heirs under different rules.

Analytical Sequence

When applying Subchapter A, the correct order of analysis is:

1. Determine whether the decedent left a surviving spouse.
2. Classify the property at issue.
3. Apply the specific section governing that category of property.
4. Apply distribution mechanics under Subchapter C, if necessary, including:
   • Texas Estates Code Sec. 201.101: Determination of Per Capita with Representation Distribution

Skipping any step risks an incorrect result.