What Happens to Your Spouse’s Property After They Die

This document explains how a spouse's property is treated after they pass away, depending on how the property was owned. It discusses different types of property ownership in Texas, like separate and community property, and how to plan for what happens to it.

Common questions

Is this document legal advice?

No, the text states that this pamphlet is for information only and is not a substitute for the advice of an attorney.

If there is a will, what happens to the property?

If there is a valid will, the deceased spouse’s separate property and their share of the community property will be divided according to the instructions in that will.

What is needed to make sure a spouse gets all the community property after the first spouse dies?

One way is to make a will that says all community property goes to the spouse, or another way is to change the ownership to community property with right of survivorship.

Revision history

No changes recorded since we started tracking this form on October 9, 2026.

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