Texas Estates Code Chapter 201: Descent and Distribution

Chapter 201 of the Texas Estates Code sets out the substantive rules of intestate succession—that is, who inherits and in what shares when a person dies without a will.

This chapter does not address how heirs are identified, proved, or served with notice. Its focus is limited to entitlement and distribution.

What Chapter 201 Does

Chapter 201 answers three core questions:

1. Who are the intestate heirs?
2. In what order do different classes of heirs take?
3. How is the estate divided among them?

The answers depend on multiple variables, including:

• whether the decedent was married;
• whether the property is community or separate;
• whether heirs survive in certain relationship categories; and
• whether special statutory rules apply.

Organization of Chapter 201

Chapter 201 is divided into four subchapters:

• Subchapter A — Intestate Succession
  Core inheritance rules, including separate and community property.

  • Texas Estates Code Sec. 201.001: Estate of an Intestate Not Leaving Spouse
  • Texas Estates Code Sec. 201.002: Separate Estate of an Intestate
  • Texas Estates Code Sec. 201.003: Community Estate of an Intestate

• Subchapter B — Matters Affecting Inheritance
  Special rules that modify or limit inheritance rights.

  • Texas Estates Code Sec. 201.051: Maternal Inheritance
  • Texas Estates Code Sec. 201.052: Paternal Inheritance
  • Texas Estates Code Sec. 201.053: Effect of Reliance on Affidavit of Heirship
  • Texas Estates Code Sec. 201.054: Adopted Child
  • Texas Estates Code Sec. 201.055: Issue of Void or Voidable Marriage
  • Texas Estates Code Sec. 201.056: Persons Not in Being
  • Texas Estates Code Sec. 201.057: Collateral Kindred of Whole and Half Blood
  • Texas Estates Code Sec. 201.058: Convicted Persons
  • Texas Estates Code Sec. 201.059: Person Who Dies by Casualty
  • Texas Estates Code Sec. 201.060: Alienage
  • Texas Estates Code Sec. 201.061: Estate of Person Who Dies by Suicide
  • Texas Estates Code Sec. 201.062: Treatment of Certain Parent-Child Relationships

• Subchapter C — Distribution to Heirs
  Rules governing how shares are divided among heirs of the same class.

  • Texas Estates Code Sec. 201.101: Determination of Per Capita with Representation Distribution
  • Texas Estates Code Sec. 201.102: No Distinction Based on Property’s Source
  • Texas Estates Code Sec. 201.103: Treatment of Intestate’s Estate

• Subchapter D — Advancements
  Treatment of lifetime transfers intended as advances on inheritance.

  • Texas Estates Code Sec. 201.151: Determination of Advancement; Date of Valuation
  • Texas Estates Code Sec. 201.152: Survival of Recipient Required

Reading Chapter 201 Correctly

A common mistake is to treat Chapter 201 as a single flowchart. In reality, proper analysis requires separating:

• entitlement (who takes);
• classification (what type of property is involved); and
• distribution mechanics (how shares are calculated).

Later sections of this chapter—and cross-referenced provisions—supply those details.