Most adoptees never think about it. The people who raised you are your parents, and a biological parent you've never met is, for all practical purposes, a stranger. So when that person dies, inheritance is not on your radar.
But in Texas, it should be.
The letter that changes everything
Take a woman we'll call Rebecca (a fictional composite). She was placed for adoption as a newborn and raised in Richardson by parents she adored. At 41, she got a letter from a probate attorney in Tarrant County. Her biological father, whom she had never met, had died without a will. No spouse, no other children. An heir search had traced her through the original birth record.
She assumed it was a mistake. It wasn't. She was his legal heir, and she inherited his house and retirement account. Her adoptive parents' estate plan was unaffected. She remained their daughter and their heir, too.
What Texas law says
Texas Estates Code § 201.054 is clear:
- An adopted child inherits from and through their adoptive parents.
- An adopted child also inherits from and through their biological parents when they die without a will.
- The right runs one way. Biological parents cannot inherit from the child they placed for adoption.
Two exceptions. A biological parent can sign a will that leaves you out, and the law does not require them to include you. And a court order terminating parental rights can expressly cut off inheritance, though if the decree is silent, the right survives. (Adult adoptions follow a different rule under Family Code § 162.507.)
Why it matters
Estates cannot close until every heir is identified. Adoptees often learn about a biological relative's death through DNA services, reunion registries, or a letter like Rebecca's. If you're on the other side, settling a parent's estate, a child placed for adoption years ago is still a potential heir.
FAQs
Does adoption cut off my right to inherit from my biological parents in Texas?
No. Under Estates Code § 201.054, a child adopted in Texas still inherits from and through biological parents who die without a will, unless a termination order specifically ended that right.
Can my biological parents inherit from me?
No. The right runs one direction only. You can inherit from them; they cannot inherit from you.
What if my biological parent had a will that leaves me out?
The will controls. Intestacy rules only apply when there is no valid will.
Do I still inherit from my adoptive parents?
Yes. Inheriting from biological parents does not affect your rights as your adoptive parents' child, as long as you were not excluded in their will.
