My husband and I have no children, only brothers, sisters and nephews. Neither one of us has a Will. C.H. Texas law has changed, and for the better. The laws of descent and distribution are quite complex, and have led to many court battles.
Different rules apply depending on the circumstances at the time of a person's death.
It matters if you are married or single, if you have children and who their other parent is, and what other living relatives you leave behind. Both of you ask about married couples, so we'll focus on that. After September 1993, the law says that the surviving spouse DOES inherit. His siblings and nephews will have no legitimate claim. Both of these processes are slow, burdensome and expensive.