Texas Real Estate Sales Agent ExamProperty OwnershipMedium
A married couple in Texas owns their primary residence. If one spouse dies without a will, how will the deceased's share of community property generally pass, assuming no children from a prior marriage and no separate property?
- AIt will pass one-half to the surviving spouse and one-half to the deceased's parents.
- BIt will pass one-half to the surviving spouse and one-half to the state of Texas.
- CIt will be divided equally among the deceased's closest living relatives.
- DIt will pass entirely to the surviving spouse.
Show answer & explanationAnswer & explanation
Correct answer: D. It will pass entirely to the surviving spouse.
In Texas, if a spouse dies intestate (without a will) and leaves no children or descendants who are not also descendants of the surviving spouse, the deceased's community property share passes entirely to the surviving spouse.
Why the other options are wrong
- A. This distribution isn't standard for community property under these specific conditions.
- B. Escheat to the state only occurs in the complete absence of heirs.
- C. This would apply to separate property or community property with other descendants.
Texas Intestacy (Community Property)
Rules for distributing community property when a Texas resident dies without a valid will.
- If no descendants or all descendants are also descendants of the surviving spouse, the deceased's share goes entirely to the surviving spouse.
- If there are descendants not shared by the surviving spouse, the deceased's share goes to those descendants, with the surviving spouse retaining their half.
- Community property is property acquired by either spouse during marriage, excluding gifts and inheritances.
Memory trick: No Will? Texas Law Decides Your Property's Path.