A partner does not inherit under Texas intestacy law solely because the couple lived together. But a will, trust, beneficiary designation, survivorship arrangement or legally recognized marriage may change the result. After a death, review the documents and relationship status before assuming the survivor has no rights—or owns everything.
First, confirm the legal relationship
Texas recognizes informal marriage when the legal requirements are met. There is no automatic seven-year rule. The absence of a ceremony does not, by itself, resolve whether the couple was married. If informal marriage is a possibility, preserve relevant evidence and obtain advice promptly.
The statutory framework is in Family Code Section 2.401. A disputed marriage claim can affect the estate and may require counsel who handles contested matters.
Read ownership and beneficiary documents
- Home: obtain the recorded deed and any survivorship or transfer-on-death documents.
- Accounts: confirm ownership and effective payable-on-death or transfer-on-death designations.
- Retirement and insurance: request the institution’s beneficiary records and claim process.
- Trust property: locate the trust and identify the successor trustee.
- Probate property: locate the original will and any pending court proceeding.
Being named on a mortgage does not necessarily establish ownership of the home. Likewise, access to an account or possession of a document does not necessarily establish a right to inherit.
If there is a will
A valid will may leave probate property to an unmarried partner. It does not automatically control assets passing under separate beneficiary or survivorship arrangements. Being named executor does not alone establish court-appointed authority; the applicable probate and qualification steps still matter.
Keep the original intact. Do not write notes on it, remove pages or distribute property before the authority and obligations are understood.
If there is no valid will
Texas intestacy rules identify the relatives entitled to probate property. For an unmarried decedent, children and their descendants, parents, siblings and more remote relatives may be relevant depending on who survives. The rules include combinations and exceptions; a short list should not be treated as a complete family-tree calculation.
An unmarried partner is not an intestate heir merely because of cohabitation. However, the survivor’s own ownership interest and rights under valid contracts or beneficiary arrangements must still be considered. See Texas Estates Code Chapter 201.
Practical first steps
- Secure important documents and make an asset and debt list.
- Identify urgent insurance, housing and payment issues.
- Ask institutions for their required claim documents.
- Check whether probate has been filed and who has authority.
- Get advice before signing a release, transferring property or paying disputed obligations from personal funds.
Massingill handles uncontested probate matters. Explain any dispute when contacting us so we can assess fit. For couples planning ahead, our separate unmarried-couple estate-planning checklist covers documents and implementation.
Plan your next step
Contact Massingill to discuss your documents, property and goals. We will explain the proposed scope and fee before work begins.
Joshua Massingill
Joshua Massingill is an attorney practicing in Austin, Texas. He serves on the Texas State Bar’s Law Practice Management Committee, the Leander Educational Excellence Foundation (LEEF) Board of Directors, and the Success-Werx Board of Advisors. He mentors young entrepreneurs in Leander ISD’s INCubatorEDU program and is active in his church.