Does a prenup have any effect on our estate if a spouse dies?

A prenup can be drafted to provide for a surviving spouse in the event of the other’s death. It should be combined with a competently drafted will. It can provide that all of your assets remain your separate property but still provide that your spouse will receive a portion of those assets, or none at all, depending on what you choose when its written. Without a prenup, Texas law provides for the division of your community estate, subject to your will.