Detailed Answer

Short answer: As a surviving spouse in Texas when your spouse dies without a will (intestate), you have legal rights to control certain immediate decisions (like funeral arrangements), priority to inherit under Texas intestacy rules, rights to community property, and procedural remedies if the decedent’s family tries to exclude you. You can ask the probate court to protect and enforce those rights.

1. Who controls immediate decisions—funeral, burial, cremation?

Texas law sets a priority order for who may control disposition of human remains. A surviving spouse is at or near the top of that list and therefore normally has the right to direct burial or cremation and to contract with a funeral home. See Texas Health & Safety Code, Chapter 711 (order of priority for disposition): Tex. Health & Safety Code ch. 711. If family members try to take control of arrangements, tell the funeral director you are the surviving spouse and, if needed, seek immediate court intervention (ex parte emergency petition to the probate court) to prevent irreparable action.

2. Intestate succession—how property is distributed when there is no will

When someone dies without a will, Texas intestacy law determines who inherits. The surviving spouse is a primary heir under the Texas Estates Code, but the exact share depends on whether property is community property or separate property and whether the decedent was survived by children or other descendants.

Broad points:

• Texas is a community property state. Community property generally belongs to both spouses equally while both are alive. When one spouse dies, the surviving spouse keeps their half; the decedent’s one-half passes under the intestacy rules.
• If the decedent is survived only by the spouse (no children or parents), the spouse typically inherits most or all of the estate under intestacy rules.
• If the decedent is survived by the spouse and children who are also children of the surviving spouse (i.e., children in common), the spouse’s intestate share is generally larger than if the decedent had children from another relationship.
• If the decedent is survived by the spouse and children who are not the surviving spouse’s descendants (for example, children from another relationship), the spouse’s intestate share can be smaller and separate property may pass to the decedent’s children.

See Texas Estates Code, Chapter 201 (intestate succession) for the statutory rules that determine who inherits: Tex. Estates Code ch. 201.

3. Homestead, exempt property, and family allowance

Texas law gives a surviving spouse special protections that can help secure a place to live and basic household property while the estate is being administered. Those include homestead protections, exempt personal property, and sometimes a temporary family allowance so the spouse and minor children can maintain support during probate. Courts enforce these rights even when there is no will. See Texas Estates Code provisions on homestead and allowances: Tex. Estates Code (allowances and exemptions).

4. Appointment as personal representative (administrator) and participation in probate

If there is no will, the probate court appoints an administrator (also called a personal representative) to manage the estate. As the surviving spouse, you have high priority to be appointed administrator. Being the administrator lets you make decisions for the estate, access bank accounts through the court process, and control distribution under intestacy.

If the decedent’s family attempted to exclude you from decision-making by acting as if they were in charge, you can file an application with the probate court to be appointed administrator or to remove an improperly acting administrator. The court can issue orders to stop unauthorized transfers and to require an inventory, accounting, and distribution under the law.

5. What to do if family members are excluding you

Practical legal steps you can take:

1. Document what is happening: who said or did what, and when.
2. Assert your immediate rights: notify the funeral home that you are the surviving spouse; present a marriage certificate and government ID.
3. File for appointment as administrator in the county probate court where the decedent lived (or ask the court to appoint you as temporary administrator if immediate action is needed).
4. If family members are disposing of assets, ask the court for emergency temporary orders (restraining orders) to preserve estate assets.
5. If necessary, file a declaratory-judgment action to establish your rights or challenge wrongful acts by relatives.

6. Timing, costs, and practicalities

Probate is a court process and can take weeks to months depending on complexity. There are filing fees and likely attorney fees; if you become the administrator you can usually seek reimbursement for reasonable estate administration costs and fees from estate assets. If estate assets are small, Texas has simplified procedures (small estate affidavits) that may let you collect certain assets without full probate. An attorney can explain eligibility for simplified procedures.

7. Example hypotheticals

Example A: A decedent dies leaving only a spouse and no children. The spouse keeps the homestead and inherits under intestacy—family members cannot displace the spouse’s homestead rights.

Example B: A decedent dies leaving a spouse and children from another relationship. The spouse still has community property rights and homestead protection, but some separate property may pass directly to the decedent’s children under intestacy.

Key statutes and resources

• Intestate succession: Texas Estates Code, Chapter 201 — https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm
• Disposition of human remains and priority to control final disposition: Texas Health & Safety Code, Chapter 711 — https://statutes.capitol.texas.gov/Docs/HS/htm/HS.711.htm
• Probate procedures, allowances, and exemptions (see the Texas Estates Code for administration rules and family allowances) — general Estates Code resources: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.301.htm

Bottom line: You have specific statutory rights as a surviving spouse in Texas even if there is no will. Those rights include priority to control disposition, priority to inherit under intestacy, homestead and exempt-property protections, and the right to be appointed to manage the estate. If the decedent’s family is excluding you, act quickly to document the situation and involve the probate court to protect your rights.

Disclaimer: This article explains general Texas law and is for educational purposes only. It is not legal advice. For advice about your situation, consult a Texas probate or family law attorney.

Helpful Hints

• Immediately collect and preserve key documents: marriage certificate, spouse’s death certificate, joint account statements, deeds/titles, and any life-insurance or retirement beneficiary designations.
• Tell the funeral director you are the surviving spouse and insist they follow Texas law on disposition of remains.
• Do not sign away estate interests or accept informal agreements without counsel.
• File for appointment as administrator promptly to gain legal authority to act for the estate.
• If money or property is being removed from the decedent’s possession, ask the probate court for a temporary restraining order to preserve assets.
• Keep a written record (dates, times, names, actions) of any family interference—it helps your case in court.
• Ask about simplified probate (small estate) procedures if the estate is modest; these can be faster and cheaper.
• Use the State Bar of Texas or local county bar lawyer-referral services to find a probate attorney experienced in intestacy matters.