Legal Question in Wills and Trusts in Texas

Question #1 is: Does the deceased have a will?

If he doesn't, then all of the folks you mentioned are "next of kin." His property passes under the provision of the Texas Probate Code. The wife gets some of it, and the kids get some of it.

The earlier response is correct, though you may be asking about "next of kin" for some reason other than learning who is entitled to property. For example, the right to determine the place and mode of disposal of a decedent's remains is typically a "next of kin" decision. In this and most decisions, you'll find that a surviving spouse maintains a pretty hefty degree of priority and authority. Common law marriages are very fact-specific, and if you're looking to protect a right you believe you have, you should contact an attorney in your area to discuss the issue in greater detail.