Do You Need Probate in Texas if There’s a Will?
If you’re dealing with the loss of a loved one and they left a valid will, one of the first questions that often comes up is, “Do we still have to go through probate?” The short answer is: **usually, yes.**
Even if there’s a will, probate is generally still required under Texas law – though there are exceptions and streamlined processes that may apply.
What Is Probate?
Probate is the legal process that formally proves a will is valid, appoints an executor, and oversees the distribution of the estate’s assets according to the will. Think of it as the legal system’s way of ensuring that the deceased’s wishes are followed and their debts and taxes are paid before heirs receive their inheritance.
Why Probate Even with a Will?
A will on its own isn’t enough to transfer title to assets like real estate, bank accounts, or other property in most cases. Texas law requires probate so that third parties – like banks, title companies, and creditors – can rely on a formal, court-approved process before releasing funds or property.
Even if everyone in the family agrees and there are no disputes, probate is the legal mechanism that validates the will and authorizes the executor to act.
Are There Exceptions?
There are a few exceptions under Texas law that may allow you to avoid a full probate process:
✅ Small Estate Affidavit
If the deceased left no will and the estate is valued at $75,000 or less (not including a homestead), heirs can use a Small Estate Affidavit to transfer property. This is a simplified process that can save time and money.
✅ Muniment of Title
When there is a valid will and no debts owed by the estate (except those secured by real estate, like a mortgage), a Texas probate court can admit the will as a Muniment of Title. This is a streamlined process allowing the will itself to transfer property title without a formal administration or executor.
✅ Independent Administration (Minimal Court Oversight)
While not an “exception” to probate per se, most Texas wills provide for an Independent Administration, which greatly simplifies probate and eliminates most of the supervision by the probate court. This is faster and less costly than a dependent administration.
✅ Non-Probate Assets
Certain assets pass outside of probate entirely. Examples include:
- Life insurance policies with named beneficiaries
- Retirement accounts like IRAs and 401(k)s with beneficiaries
- Payable-on-Death (POD) or Transfer-on-Death (TOD) accounts
- Property held in joint tenancy with right of survivorship
When Should You Consult a Probate Attorney?
If you’re wondering whether probate is required – or if a simplified process might apply – it’s best to speak with a Texas probate or estate planning attorney.
Every estate is different, they are all unique, and an experienced attorney like Matt Zimmerman can help you navigate the most efficient and cost-effective path forward.
The Bottom Line
Even if there’s a will, probate is usually necessary to properly administer the estate in Texas.
However, options like muniment of title or small estate affidavits may simplify the process if the estate qualifies. A qualified estate planning attorney can help you explore these options and make sure the deceased’s wishes are honored.
Need Help Navigating Probate?
Probate can feel overwhelming, especially when you’re also dealing with the loss of a loved one. Our experienced Texas estate planning attorneys are here to guide you every step of the way.
If you are involved in an inheritance dispute and need a lawyer experienced in civil litigation to help you protect your rights, call us today.
Our years of experience with probate and our courtroom experience will prove helpful during this time. Get in touch with us today to schedule a case review to find out how we can assist you.
