Many people assume an entire estate goes through probate together. In Texas, that is usually not how it works. Some property passes directly to the people you named, while other property must go through the court first.
Probate is the court process used to transfer property that was held in the deceased person's name alone. It allows title to pass properly and gives creditors an opportunity to present claims. For that reason, the question is generally not how much you own. It is whether each asset already has a designated place to go.
An estate planning attorney in Tyler Texas can help you review your assets and identify where gaps may exist.
Property that belongs to you alone, with no named beneficiary and no survivorship arrangement, generally becomes part of the probate estate.
These often include:
For many East Texas families, the homestead also falls into this category unless another arrangement was made during life.
Other assets are designed to transfer directly and often do not require court involvement.
These may include:
Trusts deserve a note of caution. A trust generally avoids probate only for property that was moved into it, which is one reason an unfunded trust can surprise a family that believed everything was handled.
Many people assume that adding an adult child to a bank account or a deed allows that property to pass automatically. In Texas, that is generally not the case. A right of survivorship must be agreed to in writing and cannot be assumed from joint ownership alone.
Beneficiary designations generally control over the instructions in a will, so a form that was never updated may direct an account somewhere you no longer intend.
Even when probate is required, Texas law provides options that may reduce the time involved. A will may sometimes be admitted as a muniment of title when the estate has no unpaid debts other than a loan secured by real property. Estates without a will, valued under $75,000 apart from the homestead and exempt property, may qualify for a small estate affidavit.
One timing rule is worth noting. A Texas will generally must be offered for probate within four years of the date of death.
No. A will guides how the process is handled and allows you to name an executor, but it does not replace probate itself.
Texas does not impose either one. A federal estate tax may apply to very large estates, so those situations may call for additional review.
In many cases, yes. A will allows you to nominate a guardian for minor children and can address assets that were overlooked or whose beneficiary is no longer living.
Most families are not trying to avoid probate altogether. They want to understand what their loved ones would face and whether anything should be adjusted while there is time to do so.
At Campbell Law Firm, PC, we help individuals and families throughout Tyler, Mineola, and East Texas review how their property is held. With more than 35 years of experience, Bradley S. Campbell explains your options in plain language so you can make informed decisions about your own situation. Book a consultation to learn more.
References: The Hawaii Herald (January 21, 2022) "Estate Planning Insights—Understanding Probate"
