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Revised February 02, 2006

2005 Texas Intestate Succession Legislation

by

Gerry W. Beyer

Governor Preston E. Smith Regents Professor of Law
Texas Tech University School of Law
Lubbock, Texas

    This article reviews the legislation enacted by the 2005 Texas Legislature relating to the Texas law of intestate succession.  The reader is warned that not all recent legislation is presented and not all aspects of each cited statute are analyzed.  You must read and study the full text of the legislation before relying on it or using it as authority.

Adoption

    The 2005 Legislature made a significant change with respect to the law governing inheritance by a person who is adopted as an adult.  Under prior law, there was no difference between the inheritance rights of a person who was adopted as a minor and a person who was adopted after reaching adulthood, that is, both types of adopted individuals inherited not only from their adoptive parents but also retained the right to inherit from their biological parents.

    Effective with regard to intestate individuals who die on or after September 1, 2005, the adopted adult may no longer inherit from or through the adult’s biological parent.  See Prob. Code § 40 & Fam. Code § 162.507(c).

    This amendment may lead to an absurd result.  For example, assume that Mother and Father have a child in 1985.  Mother dies in 1990 and Father marries Step-Mother in 1995.  As time passes, Child and Step-Mother become close and shortly after Child reaches age 18, Step-Mother adopts Child.  If Father dies intestate, Child will not be considered an heir because the statute provides that an adopted adult may not inherit from a biological parent.

In publishing this article, the author is not engaged in rendering legal, accounting or other professional service. If legal advice is required, the service of a competent professional should be sought.