What are the Inheritance Rights of Half Siblings When Someone Dies Without a Will?

An unmarried man died without a Will. He had no children and both his parents died before him. But he did have two siblings: one brother and one half-sister.

According to the intestacy statutes, this situation would result in his estate being distributed to his siblings. But is the half-sister entitled to inherit an equal portion of the estate as his brother?

In Texas, the answer is no.

According to the Texas Estates Code, the half-sibling would inherit only half as much as that inherited by the full sibling. So in this case, the brother would inherit two-thirds of the estate, while the half-sister would inherit one-third of the estate.

What if the unmarried man only had two half-siblings? In that case, both half-siblings would inherit an equal share of the estate.


  1. Rita Deddens says

    If three siblings have the same mother, but two have a different father, is the third sibling still considered a half sibling of the other two?

  2. Hector Hernandez says

    My father passed leaving behind his wife and four children. Two with the wife and two with a prior marriage. He did not leave a will. As far as I can remember he would always tell us that everything he has belonged to all four of us. He did not leave a will. How would this work?

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