Inheritance Rights of Spouses in Texas — Insights from a Probate Attorney in Houston

What Happens to a Will After Marriage in Texas

Marriage is an exciting new chapter — but it can also have significant legal effects on your estate plan. Many Texans are surprised to learn that getting married does not automatically change or revoke your existing will. If your will was signed before you said “I do,” it may no longer reflect your wishes or comply with Texas law on spousal inheritance rights. As a probate attorney in Houston, I’ve seen first-hand how outdated wills can create confusion, family disputes, and costly probate battles.

Texas Law on Wills and Marriage

Under the Texas Estates Code, marriage itself does not cancel or rewrite your will. However, your new spouse gains certain marital inheritance rights that may override parts of your will. This is especially true if your will leaves all of your property to someone else, such as children from a prior relationship. Texas does not recognize a "Pre-Termitted Spouse," like it does for children under the Texas Estates Code. If your new spouse previously made a Will before your marriage, their Will is still valid and enforceable, although some other things might come into play later like the surviving spouse's homestead right under the Texas Constitution, which applies to all homestead property of a married couple, whether it is separate or community property.

Community Property vs. Separate Property After Marriage

Texas is a community property state, meaning that most assets acquired during the marriage are jointly owned. Here’s how it works in probate:

• Community Property: Upon your death, your surviving spouse is entitled to their one-half share automatically, even if your will says otherwise.
• Separate Property: Property you owned before marriage, or that you received as a gift or inheritance, is generally separate — but your spouse may still have certain rights to use it, such as a homestead right or a life estate in real property.

Life Insurance Policy Death Benefits Are Complicated

For life insurance death benefits, you look to when the Policy was actually purchased.

• Purchased Prior to the Marriage = Separate Property
• Purchased During Marriage = Community Property

If the life insurance is separate property, the married individual is free to designate whomever they wants as a beneficiary, only subject to claims by the other spouse for half of the premiums paid during the marriage.

If the life insurance is community property, it is considered a "fraud-on-the-community property estate" of the married couple if anyone but the surviving spouse is designated as the beneficiary under the community property policy. These cases end up involved in Interpleader lawsuits where the life insurance company submits the money to the Courts and then lets the two beneficiaries claiming the money fight it out (usually a surviving spouse from a blended family and one of the non-bio kids of that spouse).

Why You Should Update Your Will After Marriage

If you marry after creating a will, there’s a strong chance your estate plan no longer matches your wishes. Problems can include:

• Unintended Disinheritance: A will leaving everything to someone else may conflict with your spouse’s legal rights.
• Ambiguity in Beneficiaries: Old wills may name an ex-spouse or omit your new spouse entirely.
• Probate Litigation: Outdated wills can lead to disputes among your spouse, children, or other heirs.

A Texas probate attorney can help you update your estate plan to reflect your current marital status and avoid costly court battles.

Changing a Will After Marriage in Texas

Updating your will after marriage is straightforward but must meet Texas legal requirements:

1. Revoke the Old Will – This is done by physically destroying it or stating in the new will that all prior wills are revoked.
2. Draft a New Will – Your new will should clearly outline how your property will be distributed, considering community property laws and your spouse’s rights.
3. Sign in Front of Witnesses – Texas requires two credible witnesses for a valid will.

You can also consider other estate planning tools, such as a revocable living trust, to further protect your spouse and simplify probate.

When a Spouse Dies Without Updating a Will

If a person dies with an outdated will that omits their spouse, the surviving spouse may still claim a share under Texas law. The probate court will apply intestate succession rules to community property, while separate property will be distributed according to the will — unless challenged.

Better Yet, Avoid Probate Altogether with a Probate Avoidance Package. Take Probate Court and the fights it can instigate out of the equation, and utilize one of our estate planning packages that avoids probate entirely, such as our Probate Avoidance Package.

Get Legal Guidance from a Probate Attorney in Houston

Marriage changes more than just your personal life — it changes your legal rights and obligations. To ensure your estate plan reflects your current situation, work with an experienced Texas probate attorney who understands marital inheritance rights in Texas.

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