Legal Question in Wills and Trusts in Texas

Re: How is Community Property Handled

The spouse's will actually gives away the spouse's share in community property. Whether the property needs to be sold for partition depends in part on what the property actually is.

If it's the surviving spouse's homestead any partition will be delayed until the surviving spouse dies, since the surviving spouse has their undivided half interest in the homestead and cannot be divested of their homestead.

If the property is not homestead, and can't be subject to division in kind, then it should be sold and the net proceeds divided.