QUICK ANSWER

For the Texas real estate exam, wills and estates questions are usually about how ownership changes when a property owner dies. A valid will can direct who receives property, but a Texas will generally must be admitted to probate before it is effective to prove title to property disposed of by the will. If someone dies without a will, Texas intestate succession rules decide who inherits. In exam scenarios, separate testate transfers from intestate transfers, separate probate from non-probate transfers, identify whether the property is separate or community property, and avoid answers where a license holder gives legal advice about heirs, title, probate, or estate rights.

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Will requirements chapter
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Probate of wills chapter
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Intestate succession chapter
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Sales agent Special Topics items listed

Death-transfer questions can make even strong Texas candidates pause.

The vocabulary sounds simple at first:

A person dies.

There is a will.

There is no will.

Someone claims to be an heir.

A surviving spouse wants to sell.

A buyer wants to know who can sign the deed.

But the exam is not really testing sympathy for a family situation. It is testing whether you can sort ownership consequences after death without drifting into legal advice.

That means you need a clean mental map:

Will means testate.

No will means intestate.

Probate is the court process that may establish the will, personal representative authority, and title consequences.

Intestate succession is the statutory backup plan when property does not pass by will or another transfer method.

A real estate license holder should not decide heirship, probate validity, title quality, spouse rights, or whether a person has authority to sign.

This guide teaches the exam-level structure, then turns it into practical Texas Special Topics scenarios.

Table of Contents

Texas Wills and Estates Real Estate Exam: Quick Facts

Exam issue Short answer
Is Wills and Estates a Texas Special Topics issue? Yes. Pearson VUE's Texas sales agent state-law outline lists Wills and Estates under Special Topics.
Testate The decedent died with a will.
Intestate The decedent died without a will, or property was not effectively disposed of by will.
Probate Court process connected with proving a will, appointing authority, administering estate property, or determining heirship.
Main will requirements source path Texas Estates Code Chapter 251.
Main probate of wills source path Texas Estates Code Chapter 256.
Main intestate succession source path Texas Estates Code Chapter 201.
Transfer on death deed source path Texas Estates Code Chapter 114.
Big ownership trap A person named in a will is not automatically the person who can sign a real estate deed before title authority is resolved.
Big spouse trap A surviving spouse does not always receive everything. Community property and separate property rules matter.
Big license-holder trap Do not decide who inherited, whether a will is valid, whether probate is required, or who has authority to convey title.

Why Wills and Estates Are a Texas Special Topics Issue

Pearson VUE's Texas sales agent state-law outline lists Wills and Estates under Special Topics for the Texas sales agent state-law exam.

That placement makes sense because death transfers connect several exam areas:

Related area How wills and estates connect
Ownership Death can change who owns property or who has authority to deal with it.
Community property A surviving spouse's rights depend partly on whether property is separate or community.
Deeds and title A buyer needs marketable title, not just a family story.
Recording Death-related documents, court orders, deeds, and affidavits may affect the chain of title.
Unauthorized practice of law License holders must not decide probate, heirship, or title law.
Agency and brokerage A listing taken from the wrong person can create major risk.

The exam usually does not ask you to draft a will or administer an estate.

It asks questions like:

Who probably has authority to sign?

Does the property pass under a will or by intestate succession?

Should the agent accept an heir's statement at face value?

What should the license holder do when a buyer asks for a legal conclusion?

What happens if a deceased owner left no will?

The safest approach is to treat death-transfer questions as sorting questions.

Texas Special Topics Exam Workflow for Death-Transfer Questions

Use this workflow whenever a Texas state-law question says an owner died, an estate is involved, a will exists, no will exists, or an heir wants to sell.

Step Exam-day question Best move
1 Did the owner die with a will? If yes, think testate transfer and probate. If no, think intestate succession.
2 Has the will been admitted to probate? Do not assume a named beneficiary can prove title before probate issues are handled.
3 Is the property separate or community property? Texas intestacy answers can change based on the character of the property.
4 Is there a surviving spouse? Spouse rights are important but not always total ownership.
5 Are there children or descendants from another relationship? This is a major community-property intestacy trap.
6 Is there a non-probate transfer? Watch for transfer on death deed, survivorship agreement, beneficiary designation, or trust language.
7 Is the agent being asked for a legal conclusion? Refer to the broker, title company, probate court records, or an attorney.

The phrase to remember:

Death changes the title question, but it does not turn the license holder into a probate lawyer.

Core Vocabulary

You do not need a law-school vocabulary list for the exam.

You do need the words that change the answer.

Term Exam meaning
Decedent The person who died.
Estate Property and legal interests left by the decedent, subject to administration and debts.
Will Written instrument used to dispose of property at death if valid and properly handled.
Testator Person who makes a will.
Devise Gift of property by will.
Devisee Person or entity receiving property under a will.
Heir Person who inherits under intestate succession when there is no effective will disposition.
Executor Person named in a will and appointed by the court to administer the estate.
Administrator Person appointed when there is no executor or no valid will naming one.
Personal representative Broad term that can include an executor or administrator.
Probate Court process for proving a will, appointing authority, or handling estate administration.
Intestate succession Statutory inheritance rules when property does not pass by will.
Transfer on death deed Deed that can transfer an owner's real-property interest to beneficiary after death if statutory requirements are met.

Testate Versus Intestate

The exam may use "testate" and "intestate" as vocabulary, but the real point is ownership.

If the decedent died Think
With a will Testate estate, devisees, executor, probate.
Without a will Intestate estate, heirs, administrator, determination of heirship.
With a will that does not cover all property Part testate, part intestate.
With a transfer on death deed Potential non-probate real-property transfer for that property interest.
With joint ownership and survivorship rights Potential non-probate transfer depending on documents.

Do not assume all property owned by a person passes under a will.

Some property may pass outside probate by contract, survivorship, trust, or beneficiary designation. For the real estate exam, the important idea is that the transfer path matters.

How a Will Works in Texas Real Estate Questions

Texas Estates Code Chapter 251 covers fundamental will requirements.

For exam purposes, a standard Texas will generally needs:

Requirement Exam-level idea
Capacity to make a will The testator must be of sound mind and fit a statutory category such as age 18 or older, married or previously married, or military-related status.
Writing A will generally must be in writing.
Signature The will must be signed by the testator or by another person for the testator in the testator's presence and under the testator's direction.
Witnesses A non-holographic will generally needs two or more credible witnesses at least 14 years old who sign in the testator's presence.
Probate step A will may still need probate before it proves title to property disposed of by the will.

Holographic Wills

Texas also recognizes a holographic will concept.

Under Texas Estates Code Section 251.052, a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses.

Exam translation:

Scenario clue Better answer
Handwritten will entirely in testator's handwriting Do not reject it only because there were no witnesses.
Typed will with no witnesses Be cautious. Standard witness rules may matter.
Agent asked if a handwritten document is valid Legal question. Refer to attorney or probate court process.
Buyer asks whether handwritten will proves title Title and probate question. Refer to title company and attorney.

The exam may test the basic exception, but a license holder should not authenticate or validate a will.

A Will Is Not the Same as a Deed

This is the real estate angle.

A deed transfers an interest during life when properly executed and delivered.

A will disposes of property at death, but it is tied to probate and estate rules.

Document Exam role
Deed Lifetime conveyance.
Will Death-transfer instrument that may direct who receives property.
Court order or probate document May establish authority or title consequences.
Transfer on death deed Deed designed to transfer at death, not a regular will.
Affidavit of heirship May appear in title practice, but does not make the agent a title lawyer.

If an answer choice says, "The buyer can rely only on the cousin's copy of the will," slow down.

Real estate transactions need title authority, not just a family document.

Probate and Why It Matters for Title

Probate matters because real estate title needs a legally reliable transfer path.

Texas Estates Code Section 256.001 says a will is not effective to prove title to property disposed of by the will until it is admitted to probate, subject to the statute's foreign-will language.

Exam translation:

Fact pattern Exam read
Deceased owner left a will naming daughter Daughter may be devisee, but title authority still depends on probate or other title requirements.
Executor named in will has not been appointed A named executor is not the same as a court-appointed executor.
Buyer asks if the will is enough to close Refer to title company and attorney.
Agent wants to list property from "the heir" Confirm authority through broker and title process before relying on the person.

The Four-Year Probate Hook

Texas Estates Code Section 256.003 contains a key timing rule.

The exam-level number:

A will generally may not be admitted to probate after the fourth anniversary of the testator's death unless the applicant shows the applicant was not in default in failing to present it earlier.

Do not overstate this as "a will is always worthless after four years."

The statute has details and exceptions. The exam habit is to recognize four years as the core probate timing hook and to refer legal questions.

Probate Versus Title Insurance

Real estate candidates do not need to handle probate files.

They do need to know why title companies care.

Probate or title issue Why it matters in a sale
Who owns the property? Only the proper owner or authorized representative can convey.
Who can sign the listing agreement? The listing should come from someone with authority.
Who can sign the deed? Deed authority must match title requirements.
Are there estate debts? Estate debts may affect administration and title.
Is there a court-appointed representative? The representative may be the person authorized to act.
Are there multiple heirs? One heir may not have authority to convey the entire property.

The best exam answer often says the license holder should consult the broker and direct the parties to a title company or attorney.

Intestate Succession in Texas

Intestate succession is Texas's backup plan when a person dies without a will or when property is not effectively disposed of by will or another transfer path.

Do not treat intestacy as "the state gets it."

The state getting property is a last-resort idea. Most exam questions involve spouse, children, parents, siblings, or descendants.

If There Is No Surviving Spouse

Texas Estates Code Section 201.001 addresses an intestate estate when there is no surviving spouse.

The exam-level sequence starts with descendants.

Surviving relatives Exam-level result
Children or descendants Estate passes to children or descendants.
No descendants, both parents survive Parents inherit.
One parent plus siblings or sibling descendants Estate is split under statutory rules.
No parents, siblings survive Siblings and their descendants inherit.
More remote family Statute continues through paternal and maternal kindred.

The exam usually will not make you trace remote kindred. It will test the first few layers.

If There Is a Surviving Spouse

When a surviving spouse exists, the next question is property character.

Separate property and community property are treated differently.

That is why wills and estates questions pair naturally with Texas community property.

Texas Intestate Succession Real Estate Exam Traps

Texas intestate succession real estate exam questions are usually built around one missing word.

The missing word may be "spouse," "separate," "community," "descendant," "probate," or "authority."

Use this table to catch the trap before the answer choices pull you off course.

Trap wording What the exam is testing Safer answer habit
"The owner died without a will, so the state receives the property" Intestacy is not the same as immediate escheat. Start with spouse, children, descendants, parents, and siblings.
"The surviving spouse owns everything" Texas intestacy depends on property character and family facts. Ask separate or community property, then ask whether descendants exist.
"All children are the couple's children" Community-property rule may favor surviving spouse. If all descendants are also descendants of the surviving spouse, community estate treatment is different.
"One child is from a prior relationship" Mixed-family community-property trap. The deceased spouse's half of community property may pass to descendants.
"It was separate land" Separate real property has its own rule. Do not use the community-property shortcut.
"The heir says they can sign" Signing authority is not the same as family relationship. Look for probate, court authority, title approval, or all required owners.
"The agent confirms heirship" Unauthorized-practice trap. Refer heirship, probate, and title questions to proper professionals.

Separate Property Versus Community Property at Death

This is the section that saves points.

If a question says a Texas owner died without a will and left a spouse, do not jump to "spouse gets everything."

Ask:

Was the property separate property or community property?

Were there children or descendants?

Were all descendants also descendants of the surviving spouse?

Separate Property Intestacy

Texas Estates Code Section 201.002 addresses separate estate when a person dies intestate and leaves a surviving spouse.

For exam purposes:

Situation Separate personal property Separate real property
Surviving spouse plus children or descendants Spouse takes one-third of personal estate. Children and descendants take two-thirds. Spouse receives a life estate in one-third of the land. Children and descendants take the rest and the remainder interest.
Surviving spouse, no children or descendants, parent or sibling line survives Spouse takes all personal estate. Spouse takes one-half of the land, and the other one-half passes under descent rules.
Surviving spouse, no children or descendants, no surviving parent, sibling, or sibling descendants Spouse takes the entire estate. Spouse takes the entire estate.

The most testable point:

Separate real property is not automatically owned outright by the surviving spouse when descendants exist.

Community Property Intestacy

Texas Estates Code Section 201.003 addresses community estate when a person dies intestate and leaves a surviving spouse.

For exam purposes:

Situation What happens to the deceased spouse's community interest
No child or descendant survives the deceased spouse Community estate passes to surviving spouse.
All surviving children and descendants of deceased spouse are also children or descendants of surviving spouse Community estate passes to surviving spouse.
A surviving child or descendant of deceased spouse is not also a child or descendant of surviving spouse Deceased spouse's undivided one-half community interest passes to the deceased spouse's children or descendants.

That last row is a classic Texas exam trap.

If the deceased spouse had children from another relationship, the surviving spouse may not receive the deceased spouse's half of community property by intestacy.

Why This Matters in Real Estate Transactions

A title company cannot close based on a shortcut.

If a deceased owner held real property and the estate has not been handled, the transaction may need:

Possible document or step Why it may matter
Probated will Establishes will-based title or representative authority.
Letters testamentary Shows court authority of executor.
Letters of administration Shows court authority of administrator.
Determination of heirship Identifies heirs when no will controls.
Affidavit of heirship May be used in title practice, subject to title company and legal review.
Deed from all necessary owners or representative Transfers title when proper authority exists.
Attorney guidance Needed for legal conclusions.

The license holder's job is not to choose which legal path is enough.

The license holder's job is to recognize the red flag and route it properly.

Non-Probate Transfers and Transfer on Death Deeds

Not everything owned by a decedent passes through probate.

Exam questions may use non-probate transfers to test whether you assume every death transfer is a will problem.

Transfer path Exam idea
Transfer on death deed Can transfer the owner's real-property interest to named beneficiaries at death if statutory requirements are met.
Survivorship agreement May cause property to pass to surviving co-owner if valid.
Trust Trustee may hold or transfer property under trust authority.
Beneficiary designation Common for accounts and insurance, not usually the main real estate title point.
Life estate with remainder Life tenant's death can shift possession to remainderman.

Transfer on Death Deed

Texas Estates Code Section 114.051 authorizes an individual to transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.

Exam translation:

Question clue Think
"Transfer on death deed" Potential non-probate transfer of real property.
"Beneficiary named in a recorded TOD deed" Do not treat the property as passing under a will by default.
"Owner is still alive" A TOD deed is about transfer at death.
"Agent asked if TOD deed is valid" Legal and title question. Refer.

Do not confuse a transfer on death deed with a will.

It is a deed-based death-transfer tool.

Life Estates and Remainders

Death can also matter with life estates.

If a person owns a life estate, that person's interest lasts for a measuring life. When the measuring life ends, the remainder interest may become possessory.

Exam translation:

Scenario Better exam read
Life tenant dies Life estate ends. Remainderman's rights may become current.
Life tenant tries to sell fee simple absolute Life tenant generally cannot transfer more than the life estate held.
Agent says life tenant owns everything forever Incorrect ownership analysis.
Buyer asks whether a remainder is valid Legal and title question. Refer.

This topic overlaps with ownership estates, title, and deeds.

Real Estate Transaction Scenarios After Death

The exam likes practical real estate pressure.

An agent gets a call.

Someone wants to sell.

A buyer wants assurance.

A family member says, "I inherited it."

The correct answer is usually not a dramatic legal conclusion. It is a careful authority answer.

Listing Property After an Owner Dies

Scenario Safer exam response
Child says, "My parent died and left me the house" Do not list based only on the statement. Confirm authority through broker and title process.
Spouse says, "My name is not on title but it was our home" Community property, homestead, probate, and title issues may exist. Refer to title company or attorney.
Person has letters testamentary Broker should review authority and title requirements before proceeding.
All heirs agree verbally Verbal agreement does not replace title authority.
Court-appointed administrator wants to sell Authority may exist, but the transaction must follow court and title requirements.

Contract Pending When a Party Dies

Death during a transaction is a legal and title issue.

For exam purposes, do not assume the contract simply disappears or automatically closes.

Death scenario Exam-safe move
Seller dies after contract is signed Broker, title company, and attorney guidance are needed to determine authority and next steps.
Buyer dies before closing Estate, financing, contract, and title issues may arise.
Agent says "the heirs can just sign" Too casual and risky.
Buyer asks whether the contract is enforceable Legal question. Refer to attorney.

The exam's safer license-holder answer is usually:

Notify the broker.

Communicate facts accurately.

Do not give legal advice.

Let title and legal professionals handle authority.

Who Can Sign After a Texas Property Owner Dies?

The exam may ask who can sign a listing agreement, contract, deed, amendment, or closing document after an owner dies.

The safest answer depends on legal authority, not family confidence.

Person who wants to sign Can the license holder assume authority? Exam-safe response
Person named in an unprobated will No. A named devisee may still need probate or title review before signing authority is clear.
Person named as executor in the will No, not just from the will. A named executor is different from a court-appointed executor with letters testamentary.
Court-appointed executor Maybe, subject to scope and title review. Broker and title company should confirm authority and transaction requirements.
Court-appointed administrator Maybe, subject to scope and title review. Authority comes from court appointment and must be handled through proper channels.
Surviving spouse Not automatically. Ask about title, community property, separate property, homestead, probate, and title company requirements.
One child or heir Not automatically. One heir may not control the entire property if other heirs or estate issues exist.
Transfer on death deed beneficiary Not automatically. TOD deed status and required title steps should be reviewed by title and legal professionals.
Trustee of a trust Maybe, depending on trust authority. Confirm through broker, title company, and legal documents.
Real estate agent No. Agent should not decide probate, heirship, title validity, or signing authority.

License Holder Boundaries

Wills and estates are fertile ground for unauthorized-practice-of-law traps.

A license holder may recognize that a probate or heirship issue exists.

A license holder should not decide the legal answer.

Safer License Holder Actions

Action Why it is safer
Ask who has legal authority to act Keeps focus on transaction authority.
Notify the broker early Brokerage supervision matters.
Involve the title company Title requirements drive closing authority.
Recommend attorney guidance for probate or heirship questions Avoids unauthorized legal advice.
Avoid promising that probate is unnecessary Probate need is legal and fact-specific.
Avoid deciding who inherited what Heirship is a legal determination.
Document statements and documents received Keeps a clearer transaction record.

Unsafe License Holder Actions

Action Problem
"You are the only heir, so you can sign the deed." Legal conclusion.
"The will is valid, so probate is not needed." Legal and title conclusion.
"The surviving spouse automatically owns everything." Often too broad.
"A handwritten will is always invalid." Incorrect in Texas because holographic wills can matter.
"A transfer on death deed is the same as a will." Incorrect document category.
"The title company has to accept this affidavit." Title underwriting conclusion.
Drafting inheritance language for a deed Unauthorized practice risk.

SPECIAL TOPICS PRACTICE

Train for death-transfer questions as ownership questions.

The Texas real estate exam prep app is built for Texas sales agent candidates: original Texas-focused practice questions, national and state review, math drills, case-study practice, flashcards, and weak-area feedback. Use it to practice wills, estates, probate, intestate succession, community-property inheritance traps, transfer on death deed clues, and license-holder referral answers. Native Texas exam prep. Original questions. No copied exam questions. Not affiliated with TREC or Pearson VUE. Not a 180-hour pre-license course or a pass guarantee.

Practice Texas wills and estates scenarios

Exam Scenarios

These examples are original learning examples. They are not copied exam questions and are not official Pearson VUE questions.

Scenario 1: Will Not Probated

A seller died owning a house. The seller's son shows the listing agent a copy of a will naming him as the beneficiary. The will has not been admitted to probate.

Best exam answer: The agent should not assume the son can convey title based only on the copy of the will.

Why: A will generally is not effective to prove title to property disposed of by the will until admitted to probate. Title company and attorney guidance are needed.

Scenario 2: No Will and No Spouse

A property owner dies without a will and no surviving spouse. The owner is survived by two children.

Best exam answer: The children are likely the first intestate heirs in the simplified exam pattern.

Why: When there is no surviving spouse, Texas intestate succession begins with children and descendants.

Scenario 3: Surviving Spouse and Children From Same Marriage

A married owner dies intestate. The home is community property. All surviving children are also children of the surviving spouse.

Best exam answer: The community estate passes to the surviving spouse under the core Texas intestacy rule.

Why: If all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse, the community estate passes to the surviving spouse.

Scenario 4: Surviving Spouse and Child From Prior Relationship

A married owner dies intestate. The property is community property. The deceased spouse has one surviving child from a prior relationship.

Best exam answer: Do not say the surviving spouse automatically owns all community property.

Why: If a surviving child or descendant of the deceased spouse is not also a child or descendant of the surviving spouse, the deceased spouse's one-half community interest passes to the deceased spouse's children or descendants.

Scenario 5: Separate Real Property

A married owner dies intestate and leaves separate real property, a surviving spouse, and children.

Best exam answer: The surviving spouse does not automatically receive full fee simple title to the separate real property.

Why: Separate real property with surviving descendants has a different rule, including a spouse life estate in one-third and descendant interests.

Scenario 6: Holographic Will

A buyer hears that the seller's deceased parent wrote a will entirely by hand and no one witnessed it.

Best exam answer: The agent should not say it is automatically invalid just because there were no witnesses.

Why: Texas recognizes an exception for a will written wholly in the testator's handwriting. Validity is still a legal and probate question.

Scenario 7: Transfer on Death Deed

A homeowner recorded a transfer on death deed naming a beneficiary. After the homeowner dies, the beneficiary asks whether the property passed under the homeowner's old will.

Best exam answer: The transfer on death deed may create a separate non-probate transfer path for that real property interest.

Why: A transfer on death deed is a deed-based death-transfer tool, not the same thing as a will.

Scenario 8: Agent Decides Heirship

An agent tells a niece, "Your uncle had no children, so you inherited the property and can sign the listing today."

Best exam answer: The agent is giving a legal conclusion and should not decide heirship.

Why: Heirship and authority to convey title require legal and title review.

Scenario 9: Four-Year Probate Timing

A will is offered for probate more than four years after the testator died.

Best exam answer: Recognize the four-year probate timing issue and do not make a final legal conclusion.

Why: Texas has a four-year probate hook, but the statute contains details and exceptions.

Scenario 10: Estate Representative

A person shows letters testamentary appointing her executor of the estate and wants to sell the property.

Best exam answer: The broker and title company should review the representative's authority and closing requirements.

Why: Court authority may matter, but the license holder should not decide the scope of power alone.

Common Mistakes

Mistake Better exam habit
Thinking "will" means no probate issue A will may need probate before it proves title.
Thinking "no will" means the state gets the property Intestate succession usually starts with close family.
Saying the surviving spouse always receives everything Separate property and mixed-family community property can change the answer.
Forgetting children from another relationship This is a key community-property intestacy trap.
Treating a beneficiary as the same as an heir Beneficiaries take under instruments. Heirs take by intestacy.
Treating a named executor as already appointed Court appointment matters.
Treating a transfer on death deed as a will It is a deed-based death-transfer tool.
Letting the agent decide validity of a will Legal question.
Letting the agent decide who can sign the deed Title and legal question.
Ignoring title company requirements Closing depends on title authority, not family certainty.

Study Plan

Use wills and estates as a title-sorting drill.

Step What to study Goal
1 Vocabulary Know decedent, testator, devisee, heir, executor, administrator, probate, intestate.
2 Will basics Know writing, signature, witness basics, and holographic will exception.
3 Probate title rule Know that a will generally must be admitted to probate before it proves title.
4 Four-year probate hook Recognize the fourth-anniversary issue without over-answering.
5 Intestate succession Know spouse, descendants, separate property, and community property patterns.
6 Community property trap Watch for children or descendants not shared with surviving spouse.
7 License-holder boundary Refer legal, probate, heirship, and title authority questions.

Last-Minute Cheat Sheet

Clue Think
"Died with a will" Testate, probate, devisee, executor.
"Died without a will" Intestate succession, heirs.
"Will not probated" Title proof problem.
"Four years after death" Probate timing hook.
"Surviving spouse" Ask separate or community property.
"Children from prior relationship" Community property trap.
"Separate real property" Spouse may receive life estate, not automatic full title.
"Transfer on death deed" Non-probate real-property transfer clue.
"Who can sign?" Title company, broker, attorney.
"Agent says heirship is clear" Unauthorized legal conclusion risk.

What To Pair With This

Pair this article with Why it helps
Texas Community Property and Marital Property Helps sort separate property and community property at death.
Texas Homestead Protections and Tax Exemptions Connects surviving-spouse, homestead, and title issues.
Unauthorized Practice of Law on the Texas Real Estate Exam Reinforces why agents should not decide probate or heirship.
Recording Fees and Transfer Tax on the Real Estate Exam Connects estate transfers to chain of title and public records.

FAQ

Are wills and estates on the Texas real estate exam?

Yes. Pearson VUE's Texas sales agent state-law outline checked for this article lists Wills and Estates under Special Topics.

What is the difference between testate and intestate?

Testate means the decedent died with a will. Intestate means the decedent died without a will, or that particular property is not effectively disposed of by a will and must pass under intestate succession.

Does a will automatically prove title to Texas real estate?

No. For exam purposes, remember that a will generally is not effective to prove title to property disposed of by the will until admitted to probate. The safer real-world answer is to involve the title company and attorney.

Does the surviving spouse always inherit all Texas property?

No. This is one of the biggest traps. The answer depends on whether the property is separate or community property and whether there are children or descendants, including descendants from another relationship.

What happens in Texas if someone dies without a will?

Texas intestate succession rules determine who inherits property that does not pass by will or another transfer method. The exam usually starts with spouse, children, descendants, parents, and siblings rather than remote relatives.

What is the most testable intestate succession trap?

The most testable trap is assuming the surviving spouse receives everything. Community property may pass to the surviving spouse if all surviving descendants are also descendants of that spouse, but a child from another relationship can change the result. Separate property has its own rules.

What is a transfer on death deed?

A transfer on death deed is a deed authorized by Texas Estates Code Chapter 114 that can transfer an individual's real-property interest to named beneficiaries effective at the transferor's death. It is not the same as a will.

Can a real estate license holder decide who inherited property?

No. That is a legal and title question. A license holder should notify the broker, avoid legal conclusions, and route the parties to the title company, probate court records, or an attorney.

What should I practice in an exam prep app?

Practice testate versus intestate clues, probate title rules, separate versus community property at death, surviving-spouse traps, transfer on death deed clues, and license-holder referral answers. The Texas real estate exam prep app includes original Texas-focused Special Topics practice. Native Texas exam prep. Original questions. No copied exam questions. Not affiliated with TREC or Pearson VUE. Not a 180-hour pre-license course or a pass guarantee.

Primary-source verification (2026-06-16): This article was checked against Texas Estates Code Chapters 101, 114, 201, 251, and 256; Pearson VUE's Texas Real Estate exam page; and Pearson VUE's Texas Real Estate Content Outlines PDF. Probate law, intestate succession rules, title practices, exam outlines, item counts, and pretest policies can change. Verify current details with Texas statutes, TREC, Pearson VUE, title professionals, broker guidance, probate court records, and attorneys before making licensing, transaction, title, probate, or legal decisions.

Sources and Methodology

This article uses official source paths first and readable statutory references for section-level review.

The method:

  1. Use Pearson VUE's Texas Real Estate Content Outlines PDF to confirm that Wills and Estates appears under Texas Sales Agent Special Topics.
  2. Use Texas Estates Code Chapter 251 for will execution basics, including who may make a will, written and attested will requirements, and holographic wills.
  3. Use Texas Estates Code Chapter 256 for probate-of-will concepts, including will effectiveness for title and the four-year probate timing hook.
  4. Use Texas Estates Code Chapter 201 for intestate succession patterns involving no spouse, surviving spouse, separate property, and community property.
  5. Use Texas Estates Code Chapter 101 for immediate vesting language, subject to debt and administration concepts.
  6. Use Texas Estates Code Chapter 114 for transfer on death deed concepts.
  7. Convert the statutes into exam-safe real estate scenarios about authority, title, listing risk, death during a transaction, and license-holder boundaries.
  8. Avoid giving legal advice by directing probate, heirship, will validity, title, and conveyance questions to attorneys, title professionals, court records, and broker guidance.