A Greater Houston Business And Civil Litigation Law Firm

The rights of surviving spouses in Texas probate  

On Behalf of | Jan 15, 2025 | Probate

Losing a spouse brings deep grief and challenging questions about what happens next. Texas law offers clear rights to protect those who have lost their husband or wife. Here’s what you should know about your legal rights as a surviving spouse in Texas.  

What Texas law says about marriage and property  

Texas follows community property laws, which means both spouses own most items bought during marriage, even if only one name appears on papers or titles.   

Your fundamental rights include:  

  • Full access to joint bank accounts 
  • The right to stay in your home 
  • Money from the estate for daily needs 
  • The right to keep certain personal items 
  • Social Security benefits if you qualify 

As a surviving spouse, you already own half of all community property. This helps speed up the transfer of assets and keeps you financially stable after your loss. 

Special rights in Texas probate  

Texas offers extra protection when your spouse passes away. If they had kids from another relationship, you get one-third of their items and can use one-third of their real estate for life.  

The law also gives you:  

  • First choice to manage the estate 
  • Protection from most creditors 
  • Rights to keep family cars and furniture 
  • The power to handle estate matters without court supervision 

These rights apply whether or not your spouse left a will. A local probate lawyer can help you claim these benefits and guide you through each step. The law stands ready to protect you during this challenging time, so don’t hesitate to get help in securing what’s yours. 

FindLaw Network