What are my legal rights to estranged husbands assets after his death ?

Your rights depend on whether or not your husband left a valid Will.  If he left a valid Will it is his right to leave all to someone else, excepting property controlled by ERISA (such as 401k plans, ERISA insurance). If there is no Will, then it depends on the statutes concerning heirship and whether your husband had children with anyone other than you, and whether he has separate real property (before marriage, or received as a gift after marriage).  Harris County Judges have produced Venn Diagrams showing what you receive depending on what is separate real estate and what is community property.  If your husband had no children but with you and if all the property is community, then you receive all property. You have a right to the homestead (if you do not claim your own) or the equivalent amount of money even if your husband left his estate by Will to others. Texas Probate Code § 38 deals with Intestacy of a single person and to the separate property of a married person. § 38 (b) is the section pertaining to a surviving spouse.  Section 45 governs intestate succession to community property.  Homestead statutes include § 283, rights of a surviving spouse.