Can A Biological Sibling of an Adopted Child Inherit Under the Texas Intestacy Statutes

I recently got a note from someone whose biological brother had been given up for adoption while he was a baby. His brother had just died in Texas without a Will. He wondered whether he was entitled to a share of his brother’s estate.

Section 201.054 of the Estates Code addresses the laws of descent and distribution for adopted children. It specifically provides that the biological parents of an adopted child, as well as the kindred of the biological parents, may not inherit from or through the adopted child.

This section does not prevent adopted children from disposing of their assets by Will. For example, adopted children who reconnect with their biological families could identify members of their biological families as beneficiaries of their estate.

However, without a Will, the biological family is barred from inheriting through the intestacy statutes.