Can You Inherit If Your Partner Passes Without a Will in Texas?

The loss of a partner is devastating—and when you also have to face complex legal issues regarding your legal rights, finances, and housing, it can feel like too much. Many people wonder about their rights after building a life with someone for years or even decades. However, in Texas, the amount of time spent together isn’t as important as the legal relationship you had with your partner. That’s why one of your first calls should be to a probate attorney in Texas.

At Garza Law Office, PLLC, we’ve helped many people facing impossible situations like yours. When you’re processing a major loss, you need support and clear answers—and we’re here to help. Attorney Dora Alicia Garza is proud to offer her insight into both probate law and family law as they intersect in these situations. She understands the complex needs her victims may have and how best to address them. Call our Texas family law firm at 956-329-1304 to set up a consultation now.

What It Means to Die Intestate in Texas

When someone passes away without a valid will, they have died “intestate.” Intestate is simply the legal term for someone who has not made a valid will before dying. This is a relatively common situation, and when it occurs, Texas law determines who inherits. Courts are required to follow strict intestacy statutes that outline which family members are entitled to the decedent’s assets. It’s important to discuss your options with a probate lawyer as early as possible, as this type of situation can get complicated very quickly when family members start stepping in and claiming assets without going through the proper process.

If You Were Legally Married in Texas

Texas is a community property state, so most property acquired during a marriage belongs to both spouses. If you and your partner were married at the time they passed, you would inherit part or all of their estate, depending on whether or not they had children, parents, or siblings.

A lot depends on what separate property your partner had and what community property you had together. For example, if you and your spouse had children together, you would inherit all of their community property, one-third of their separate property, and the right to use the shared primary home and one-third of your remaining real estate for the rest of your life. Your shared children would inherit everything else.

This can be fairly complex depending on how many children (shared or from other relationships) your spouse had, as well as if they have any surviving parents or siblings. A probate attorney in Texas can help you sort out your options.

If You Were Not Legally Married in Texas

In Texas, unmarried partners do not automatically inherit anything when their partner passes away. Unfortunately, it does not matter how long you lived together, if you finances were combined, or if you considered each other family. The law entitles surviving legal family members to their assets.

What If We Were Common Law Married?

If you meet the requirements for common law marriage in Texas, that does change the situation. You do have to prove three elements to establish a common law marriage, which is why we generally recommend looping in a family law attorney who can advocate for you. You must be able to prove that you and your partner considered yourselves married, lived as spouses in Texas, and held yourselves out to others as married. Proving this can be challenging when one partner has passed, particularly if there are surviving family members determined to keep your part of the inheritance.

Risks and Complications After an Intestate Death

Dying without a will often leads to delays, court involvement, and family conflict. Surviving partners often face immediate financial hardship and housing insecurity, particularly if their home was owned exclusively by their partner. Other family members can make this already difficult time even more painful for the surviving partner by discrediting their relationship, seizing assets before the estate goes through probate, and trying to push the surviving partner out of final arrangements.

Reach Out to a Texas Family Law Firm Now

If your beloved partner has passed away and you’re unsure of your rights or how to protect them, let’s talk. We know how much you have on your plate right now, but you don’t have to go through it alone. Call us at 956-329-1304 or contact us online to set up a time to meet.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.