A common misconception is that the surviving spouse gets everything when their husband, wife, or partner dies. This isn’t always the case. For a Texas surviving spouse, rights to the decedent’s property depend on the types of assets, whether the decedent left a will, and who survives the deceased spouse.
If your spouse passes away with a will that the court finds to be valid, the probate court will distribute the decedent’s estate according to the will’s terms. If there’s no will or the court finds that the will is invalid, the decedent’s property is distributed according to Texas intestate succession law.
But these laws are generic. They do not take any factors into account—other than a person’s relationship to the decedent. So if you want to be sure that your assets go to the right person, it is wise to get a will in place as soon as possible.