Probate can be avoided in Texas when every asset passes another way: by beneficiary designation, a transfer on death deed, a valid right of survivorship agreement, or a living trust. Once someone has died, the remaining shortcuts are limited to a small estate affidavit, an affidavit of heirship, or muniment of title.
Tools that work before death
- Beneficiary designations. Life insurance, IRAs, 401(k)s and annuities pass directly to whoever is named. Free, immediate, and the most commonly neglected. Review them after every divorce, death or birth.
- Payable-on-death and transfer-on-death accounts. A form at the bank converts an account into a non-probate asset without giving up any control during life.
- Transfer on death deed. Texas has allowed these since 2015. You record a deed naming who receives your home at death; you keep full ownership and can revoke it at any time. It must be recorded before death — a deed signed but never filed does nothing.
- Community property with right of survivorship. In Texas, joint ownership between spouses does not automatically carry survivorship rights. It takes a written survivorship agreement. Couples routinely assume they have this protection when they do not.
- Revocable living trust. Assets titled in the trust's name bypass probate entirely. Effective, but only for property actually retitled into the trust — an unfunded trust accomplishes nothing.
Options after a death has occurred
If nothing was planned, three routes may still avoid a full administration:
Small estate affidavit. Available where there is no will, the estate is worth under $75,000 excluding the homestead and exempt property, thirty days have passed, and the estate's assets exceed its debts. Every distributee must sign, and two disinterested witnesses are required.
Muniment of title. Where there is a valid will and no unpaid debts other than those secured by real estate. The court's order transfers title without appointing anyone.
Affidavit of heirship. A sworn statement of family history recorded in the property records. It is not a court proceeding and binds no one, so whether it actually works comes down to whether the title company will accept it — and that varies by company and by property. Confirm with the title company handling the property before relying on this route. We generally use it only where there is no better alternative, or where the client has already verified the title company will rely on it.
Common questions
Does a will avoid probate?
If we avoid probate, do creditors still get paid?
This page is general information about Texas law, not legal advice, and reading it does not create an attorney-client relationship. Every estate is different. For advice about your situation, call 713-588-5914 for a free consultation.
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