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In Texas, marriage does not invalidate a valid preexisting Will. If you make a Will before you get married, and would like your new spouse to be your beneficiary, it is important that you update your Will. Please note that spouses in Texas are afforded certain constitutional rights.

Marriage automatically revokes a will that has been made previously, leaving it invalid. This means that if you have a will written out and have since married or remarried, you will need to revisit this document to ensure that your estate will still be passed on as you wish.

In Texas, a married couple can agree in writing that all or part of their community property will go to the surviving spouse when one person dies. This is called a right of survivorship agreement. The right of survivorship agreement must be filed with the county court records where the couple lives.

Texas law allows you to completely cut your spouse out of your will, but only with regard to those assets you control, considered yours to devise in your will.

The surviving spouse automatically receives all community property. Separate personal property also goes completely to the surviving spouse, while separate real property is split down the middle between the surviving spouse and the deceased's parents, siblings or siblings' descendants, in that order.

Generally speaking, each spouse has a right to half of the community property and so, this is automatically distributed to a widow after their spouse's death. Therefore, the deceased individual only has the right to control their half of the community property estate.

For various reasons, spouses often sign Wills that leave out their surviving husband or wife. In other words, a spouse is disinherited. Is this legal? Yes, but steps can often be taken to effectively get around the Will.

Here are the requirements for a valid will in Texas: Your will must be “in writing,” meaning it exists in a physical form. ... You must be at least 18 years old. ... You must be of sound mind and memory. ... You must make your will freely and voluntarily.

Texas is a community property state. If your common law spouse dies, you get half of the community property of the marriage, regardless of what your spouse's will says. You also get to continue to live in the marital home. If your spouse does not have a will, you're entitled to a share of his or her estate.