Texas law gives no automatic inheritance to a romantic partner who is not a spouse. That reality surprises many cohabiting couples. It also puts long term relationships at risk when one partner dies without a plan. This guide explains how unmarried partner inheritance rights Texas actually work under current statutes. It also gives practical, Texas specific steps that help protect a partner through wills, beneficiary designations, cohabitation agreements, account titling, real estate deeds, and digital access tools.
Who inherits in Texas without a will
Texas has clear intestacy rules in the Estates Code. These rules decide who inherits when there is no valid will. The statute lists children first. Then parents. Then siblings. Then more distant relatives. It does not list a cohabiting partner. That means a partner who is not a spouse receives nothing under intestacy. See Texas Estates Code Chapter 201 for the statutory order of heirs. You can review the statute text at Chapter 201, Descent and Distribution.
Consider a simple example. A person dies in Austin without a will. No spouse. Two adult children survive. The entire probate estate passes to the children. A partner of ten years receives no share by default. Another example shows a different branch. A person dies without a will. No children. One parent survives. Two siblings survive. The parent and siblings take under the statute. The long term partner receives nothing unless a valid will or beneficiary designation directs property to that partner.
This outcome applies even if you share a home or pay joint bills. It applies even if your partner always handled your care. The only path to automatic spousal rights is marriage. That includes a formal marriage or a proven informal marriage. The next section explains the informal marriage test because many couples ask whether their relationship qualifies.
Are you common law married in Texas
Texas recognizes informal marriage, often called common law marriage. A couple qualifies if three elements exist. There must be an agreement to be married. Then the couple lived together in Texas as spouses. They also represented to others that they were married. All three are needed. Time alone does not create marriage. The statutory test appears in Texas Family Code section 2.401, which you can read at Family Code section 2.401.
Evidence can take many forms. A signed declaration of informal marriage is the cleanest proof. Declarations can be filed with the county clerk. Without a declaration, courts look at conduct and statements. Did you both introduce each other as husband or wife. Did you file joint tax returns as married. Did you sign a lease as a married couple. Did you use the same last name in official records. No single item controls the result. Courts review the whole picture against the three part test.
There is also a timing rule. If the couple separates, a rebuttable presumption against informal marriage arises if no proceeding is filed within two years after separation. That timing rule can make post death proof harder if the relationship ended long before death. It can also shape strategy when a surviving partner seeks a court ruling on marital status to access spousal intestacy rights.
If the couple proves an informal marriage, spousal inheritance rules apply. A surviving spouse may take all or part of the estate under Chapter 201. The size of the share depends on whether there are descendants. That is a major difference compared to the result for a partner who is not a spouse.
Texas cohabitation agreements
Many unmarried couples want clarity on property and expectations. Texas allows cohabitation agreements, but the statute adds a strict requirement. Any promise or agreement made in consideration of nonmarital conjugal cohabitation must be in writing and signed by the party to be charged. Oral promises do not hold up. The rule appears in Texas Family Code section 1.108. You can view the statute at Family Code section 1.108.
A well drafted cohabitation agreement functions like a contract. It does not create a marriage. It sets out rights while you live together and what happens if you separate or one of you dies. It can work side by side with wills, trusts, and beneficiary designations. It can reduce conflict with relatives. It can also limit surprises about debts or title.
Common topics include the following:
- Property characterization. Decide what stays separate property. Decide what counts as joint property during cohabitation. Address gifts between partners. Address commingling risk.
- Real estate. If you buy a home together, set each share in writing. Add a buyout clause with a clear formula if one partner wants to keep the home. Decide who pays the mortgage, taxes, and repairs. Clarify reimbursement if one partner pays more.
- Bank and investment accounts. Choose whether to hold accounts jointly or separately. Add instructions for right of survivorship or Payable on Death designations under Texas Estates Code Chapter 113.
- Debts. Assign responsibility for credit cards, student loans, and car notes. Address indemnity if one partner must cover the other for a joint debt.
- Support. State whether either partner owes any support at separation. Many couples agree that no support is owed. If any support is intended, describe amount and duration with clear limits.
- No common law marriage clause. Some couples choose to state that they do not intend to be married unless a formal ceremony or a signed declaration occurs.
- Personal property. Set rules for division of furniture, art, and pets. Pet provisions reduce painful disputes.
- Dispute resolution. Name the county for any lawsuit. Consider mediation before litigation. Set attorney fee rules.
A cohabitation agreement can reference your will or trust. It can also require each partner to keep beneficiary forms up to date. That link protects the plan from drift over time. Many couples pair this agreement with a set of core estate documents. The next sections outline those tools.
Will or trust for your partner
A valid will is the simplest way to provide for a partner in Texas. The will names your partner as a beneficiary. It directs who receives your residence, vehicles, accounts, and personal items. It can include a residuary clause that gives the balance to your partner. It appoints an executor with independent administration to reduce court involvement. It can waive bond to save cost. It can add a no contest clause to deter meritless challenges.
If minor children exist, your will can nominate a guardian of the person and a guardian of the estate. You can still provide for your partner while protecting your children through a testamentary trust. You can set timelines for distributions to children at ages that make sense for your family.
A revocable living trust can add privacy and continuity. The trust holds title to chosen assets during your life. You remain trustee. You keep full control. You name your partner as successor trustee. At your death, the trust makes distributions under its terms without a court order. A trust helps during incapacity because your partner can step in as trustee. A trust also coordinates with out of state assets if you own property outside Texas.
For many couples, the best answer combines a will, a revocable trust for specific assets, and non probate transfers for accounts. The next sections explain those transfers and recordable deeds that help a partner keep the home.
Bank and investment account transfers
Bank and brokerage accounts can pass outside probate if you take the right steps. Texas Estates Code Chapter 113 controls these transfers. The key point is simple. Joint title does not automatically create a right of survivorship. Survivorship exists only if the parties sign an agreement that expressly creates that right. The statute states that the right of survivorship must be agreed to in writing. You can review the rule at Estates Code section 113.151 and the related sections at Chapter 113.
Banks offer specific forms to add right of survivorship. Read the exact language. Sign as the bank requires. Keep copies. If the form is not clear, ask the bank to confirm in writing that the account carries right of survivorship to the surviving party.
You can also add Payable on Death designations for single party accounts. The bank will release funds to the named payee at death with proper proof. Brokerages offer similar tools through Transfer on Death registrations. These tools avoid probate delay for liquid funds that your partner may need for mortgage payments, utilities, or final expenses.
A short checklist helps clean up account titling:
- Confirm the current title on each account. List whether it is single or joint. List whether it has right of survivorship.
- Add or update right of survivorship where desired. Use the bank or brokerage form.
- Add Payable on Death or Transfer on Death beneficiary designations. Name alternates in case your first choice dies before you.
- Keep designations consistent with your will or trust plan. Resolve conflicts to reduce disputes.
- Avoid convenience accounts unless you want an agent only. A convenience signer has no survivorship rights.
These steps are low cost. They can make a major difference for a surviving partner who would otherwise wait months for probate.
Transfer on Death deeds for homes
A Transfer on Death Deed, often called a TODD, lets an owner name a beneficiary for Texas real estate. The deed is signed and recorded during life. Ownership shifts to the named beneficiary at death, subject to creditor rights. You keep full control while you live. You can sell the home. You can revoke the deed. You can name your partner as the beneficiary to keep the home out of probate.
Texas updated the law in 2019. The statutory form was removed. That change increased drafting risk for do it yourself deeds. Title companies also apply a cautious approach after a TODD transfer. Some may wait for two years after death to insure a sale because of the creditor claim window. This does not void the transfer. It does affect timing for a later sale or refinance. For a deeper review, read Revocable Transfer On Death Deed on our site. That page also covers practical issues we see with recorders and title companies.
Pros of a TODD include a simple recordable document, no transfer during life, and no probate for the home. Cons include drafting traps, lack of title insurance comfort right after death, and poor fit when the beneficiary is a minor or receives public benefits. A deed to a revocable trust can be a better fit in some family sets. The trust sells or distributes the home under clear instructions with a trustee in charge.
If you sign a TODD for your partner, confirm the legal description is exact. Record the original with the county clerk before death. Store a file stamped copy with your estate plan records. Tell your partner where to find the document. If you later change your plan, record a revocation or a new deed as the statute requires.
Texas specific planning basics
Texas is a community property state for married couples. That matters if you later marry or prove an informal marriage. The character of property affects shares at death. It also affects management during life. Our guide to Texas specific estate planning basics reviews community property, intestacy, and state specific transfer tools.
A theme repeats. Intestacy may not match your wishes. The statute favors blood relatives when there is no spouse. Partners who live together for many years receive no share without planning. Use wills. Use trusts where appropriate. Use beneficiary designations that match your plan. Consider a Transfer on Death Deed with care. Keep digital access in mind. Align titling with your documents. Review the plan after major life events such as a home purchase, a move to Texas, or the birth of a child.
Digital assets and access
Most of life now sits behind a password. That includes financial portals, cloud storage, photos, social media, cryptocurrency, loyalty accounts, and two factor apps. Without explicit authority, a partner can face a lockout even if named in a will. Texas law allows you to authorize access through your will and powers of attorney. You can also name a digital executor. A clear system for credentials helps your agent act. For details, read Digital Estate Planning for Digital Assets in Texas.
Add specific digital asset clauses to your will and your Statutory Durable Power of Attorney. Add a clause to your Medical Power of Attorney for health portals where allowed. Prepare a separate, updateable memorandum that lists accounts and devices. Store it in a secure place. Share access steps with your named fiduciaries. Do not store your two factor device inside a locked account that your agent cannot reach. Keep recovery codes with your memorandum. This careful setup saves weeks of delay after death or incapacity.
Incapacity planning for partners
Texas law gives default decision making priority to legal family for medical and financial matters. A partner who is not a spouse has no priority. Proper documents fix this gap. Sign a Statutory Durable Power of Attorney that names your partner as agent for financial tasks. Grant real powers in the form, including transactions for real property and digital access clauses where allowed. Sign a Medical Power of Attorney that names your partner as your health care agent. Add a HIPAA release so providers can talk to your agent. Consider a Directive to Physicians to state your end of life wishes.
Hospitals often ask to see documents before they talk to anyone other than a spouse or a parent. Banks will often require a power of attorney before they accept instructions from a partner. Without documents, a guardianship may be the only path. Guardianship is slow and public. Proper powers of attorney avoid that process in many cases. These tools also give your partner the status needed to handle bills, speak with providers, and keep your home stable during a health crisis.
Beneficiary designations strategy
Life insurance and retirement accounts pass by beneficiary form. If no beneficiary survives, the account usually pays to the estate. That pushes the asset into probate. It can also change tax results. Review each policy and plan statement. Confirm your partner is listed as the primary beneficiary if that fits your goals. Add one or more contingent beneficiaries. Keep copies of confirmations. Update after moves between employers or plan providers.
Retirement accounts add a few wrinkles. Plans governed by federal law may require written consent from a spouse once you are married. If you later marry, consider a new beneficiary form with any required spousal consent. IRAs that pass to a non spouse often must be paid out within ten years. Your partner needs clear guidance on tax timelines. A trust designed to receive retirement assets can add control while meeting tax rules. Be sure your trust language fits current federal rules. Coordinate designations with your will or revocable trust so that gifts are not offset by an account that flows a different way. This reduces conflict between a partner and relatives.
Property you own together
Joint real estate raises key questions. Title controls. If one partner holds title alone, a will or a TODD is needed to shift the home at death. If both partners hold title as joint tenants, add a separate agreement if you want the survivor to take full ownership. Texas does not imply survivorship in joint title for bank accounts. Real property uses its own rules. A deed to both partners as joint tenants does not create survivorship by default. You need a clear survivorship agreement if that is the goal. Many couples prefer a deed to a revocable trust combined with a written cohabitation agreement that sets each share and a buyout path.
Personal property can also spark disputes. Keep serial numbers and receipts for major purchases. Use a simple bill of sale for items acquired together. In your will, list specific gifts to your partner for items with sentimental value. Many conflicts arise from art, jewelry, and family heirlooms. Clear language prevents poor outcomes.
Debt follows title and contract. A joint credit card binds both parties. A mortgage signed by one party stays with that person. A cohabitation agreement can include indemnity clauses for joint debts. Your will should also coordinate with those terms to avoid cross claims after death.
Probate choices with a will
Texas probate can be efficient with a well drafted will. Independent administration allows the executor to act with minimal court supervision. The court admits the will. The executor files an inventory or an affidavit in lieu. The executor collects assets, pays debts, and makes distributions as the will directs.
Texas also offers muniment of title. This is a faster path when the decedent has a valid will and no unpaid debts other than those secured by real property. The court admits the will as a muniment of title. No executor is appointed. The will itself becomes the link in the chain of title. Muniment works well for a simple estate with a home passed by will and no other probate assets.
Some shortcuts do not help a partner. A small estate affidavit can replace a full probate only when the heirs are those who take under intestacy. That excludes a partner who is not a spouse. An affidavit of heirship helps record title for real estate under intestacy. Again, that tool benefits only statutory heirs. These limits stress why a will and non probate transfers matter for a cohabiting partner.
Common mistakes that cost partners
Several patterns repeat in disputes between a surviving partner and relatives. Knowing them helps you avoid them.
First, no will. A partner is left with nothing while distant relatives inherit. Second, joint bank accounts without a signed survivorship agreement. The account falls into the estate for distribution to heirs under Chapter 201. Third, a home titled to one partner with no Transfer on Death Deed and no trust. That home becomes a probate asset. Fourth, old beneficiary forms from a prior job that list an ex or a parent. Fifth, no digital access clauses and no password system. The partner cannot reach bills or statements during a crisis. Sixth, no medical or financial powers of attorney. The partner cannot act when the need is greatest. Seventh, a do it yourself deed or will with technical errors. The document fails at the exact moment it is needed.
Steps to protect your partner
A clear plan turns risk into predictability. The steps below help couples who want to protect each other without marriage or while evaluating marriage. They also help couples who plan to prove an informal marriage but want backups in place.
- Sign a will that names your partner and names alternates. Add independent administration. Add a no contest clause where appropriate. Coordinate gifts with how accounts pass.
- Use a revocable trust if you want privacy or smoother management during incapacity. Title selected assets to the trust.
- Set account titles and designations. Add right of survivorship to joint accounts with bank forms. Add Payable on Death or Transfer on Death designations for single party accounts with alternates listed.
- Consider a Transfer on Death Deed for the homestead after advice on title company practices. Or use a trust plan for the home.
- Prepare a written cohabitation agreement under Family Code section 1.108. Cover property, debts, buyout terms, and no common law marriage language if desired.
- Sign a Statutory Durable Power of Attorney and a Medical Power of Attorney with a HIPAA release. Add a Directive to Physicians. Name your partner as agent if that is your choice.
- Add digital asset clauses to your will and powers. Name a digital executor. Keep a secure credentials memorandum.
- Review beneficiary designations on life insurance and retirement accounts. Update after job changes or moves. Coordinate with the rest of the plan.
- Store originals in a safe place. Tell your partner how to access them. Keep scanned copies.
For more Texas specific tools that support these steps, visit our overview for young families at Texas estate planning basics. That page covers community property context if you later marry. It also touches on Transfer on Death Deeds in Texas and planning for digital assets in Texas.
How disputes arise and how to lower risk
Disputes often start with suspicion. A parent or sibling believes the partner unduly influenced the decedent. Or they allege lack of capacity. Or they point to missing formalities. The best defense is a clean file. Use an attorney for the will. Follow formalities with two credible witnesses and a self proving affidavit. Keep meeting notes and a list of assets. Confirm that beneficiary designations match the will. Do not mix funds without clear records. Avoid large last minute changes without a good record of intent and capacity. Your plan should look steady, not improvised.
Proof of informal marriage sometimes becomes a flashpoint. Gather evidence during life if you rely on that status. A signed declaration of informal marriage is persuasive. Joint tax returns are also helpful. Joint leases and consistent use of married titles in community settings can support the claim. On the other hand, a cohabitation agreement with a no marriage clause can cut the other way. Decide which path to pursue and align documents to support that choice.
Taxes and creditor issues
Texas has no state estate tax. Federal estate tax applies only to larger estates due to the current high exemption. Income tax planning still matters. Retirement accounts carry deferred income tax. A non spouse beneficiary may face a ten year payout rule that speeds taxation. Life insurance proceeds are generally income tax free to the beneficiary but still belong in a full plan because creditor claims and community property rights might touch the analysis if marriage becomes part of the timeline.
Creditor rights can affect non probate transfers. For example, a Transfer on Death Deed passes title subject to creditor claims. Title companies may not insure for two years after death due to that claim window. A revocable trust does not change creditor rights during life. It can still help with management and privacy. Discuss creditor exposure when choosing between a TODD and a trust for the homestead.
How marriage later affects the plan
Many couples start with a cohabitation agreement and then marry later. Marriage changes the legal framework. Community property rules apply to earnings and property acquired during marriage unless a marital property agreement changes that result. Spousal consent becomes relevant for retirement plan designations. Your will or trust should be reviewed and updated at that point. A premarital agreement or a postmarital agreement can set property character and confirm how you want to handle inheritance for children from prior relationships. Update beneficiary forms with any required spousal consent under plan rules.
Working with an attorney
Unmarried partner inheritance rights Texas depends on precise documents and careful coordination. A targeted plan saves time and cost later. An attorney can draft a cohabitation agreement that satisfies the writing rule in Family Code section 1.108. An attorney can also prepare a will or trust package with powers of attorney and digital clauses tailored to your assets. That package then links to bank and brokerage forms, a Transfer on Death Deed if appropriate, and a simple system to keep records current.
Frequently asked questions
Does a cohabiting partner inherit without a will in Texas
No. Texas Estates Code Chapter 201 does not list an unmarried partner as an heir. Property passes to children, then to parents and siblings, then to other relatives.
How do we prove an informal marriage in Texas
You must show three elements. An agreement to be married. Living together in Texas as spouses after that agreement. Holding yourselves out to others as married. A signed declaration of informal marriage is strong proof. See Family Code section 2.401. If you separate, a presumption against informal marriage arises if no case is filed within two years.
What should a Texas cohabitation agreement include
Property characterization, real estate shares and a buyout formula, debt allocation, beneficiary coordination, support terms if any, a no common law marriage clause if desired, dispute resolution, and pet provisions. It must be in writing and signed under Family Code section 1.108.
Does a joint bank account pass to my partner automatically
No. Texas requires an express written agreement for right of survivorship on a joint account. Joint title alone is not enough. Use the bank form that creates survivorship. See Estates Code section 113.151.
What is the best way to pass my home to my partner
A Transfer on Death Deed can pass the home outside probate while you keep control during life. Title companies may hesitate for two years after death due to creditor claim windows. A revocable trust deed can be a better fit in some cases. Read our page on Transfer on Death Deeds in Texas for pros and cons.
Can my partner make medical decisions for me
Yes if you sign a Medical Power of Attorney naming your partner. Add a HIPAA release. Without documents, a partner has no default priority for medical decisions in Texas.
How do we handle digital accounts
Add digital access clauses to your will and powers of attorney. Name a digital executor. Keep a secure list of accounts, devices, and recovery codes. Our resource on digital assets in Texas provides step by step guidance.
Can I leave my retirement account to my partner
Yes. Name your partner as beneficiary on the plan form. If you later marry, spousal consent may be required for some plans. A non spouse beneficiary often must withdraw the account within ten years under current federal rules.
What if my family challenges my will that benefits my partner
Use a properly executed will with independent witnesses and a self proving affidavit. Avoid sudden last minute changes without clear documentation. Consider a no contest clause. Keep beneficiary designations consistent with the will to reduce attack points.
Do we need both a will and non probate transfers
Most couples benefit from both. A will covers everything not transferred by title or designation. Non probate transfers provide fast access to funds and can keep select assets out of probate. The two methods work best when coordinated.
Can a cohabitation agreement prevent a claim of informal marriage
It can help. A clause that disclaims any intent to be married can be persuasive. Courts still weigh all facts. Conduct and public statements matter. Align your conduct with the agreement if you want to avoid an informal marriage claim.
Will a small estate affidavit help my partner inherit
No. A small estate affidavit benefits only heirs under intestacy. A partner who is not a spouse is not an heir. Use a will or non probate transfers to direct property to a partner.
Who gets our pet if I die
Your will can make a specific gift of a pet to your partner. Add funds for care if needed. A cohabitation agreement can also set pet ownership and care rules during life and at separation.