Property Ownership

Under the Texas Estates Code, when a person dies intestate (without a will) leaving a surviving spouse and children who are all children of the surviving spouse, community property passes:

AEntirely to the surviving spouse✓ Correct
BThe deceased's half of community property passes to the children, with the surviving spouse keeping their own half
CEntirely to the children
DTo the state of Texas as escheat

Explanation

Under Texas Estates Code, when the deceased has a surviving spouse and all children are children of that surviving spouse, the deceased's entire half of the community property passes to the surviving spouse. This means the surviving spouse ends up owning all of the community property. If any children are not of the surviving spouse, different rules apply.

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