If You Have a Will, Do You Still Need Probate in Texas?

If you’ve recently lost a loved one who left a valid will, you may wonder if probate is really necessary.

In Texas, the short answer is yes – even with a will, most estates must go through probate. Here’s what you need to know.

What Is Probate?

Probate is the legal process that validates the deceased’s will and authorizes an executor to pay debts and distribute assets to the beneficiaries. Even a perfectly drafted will cannot transfer property or access accounts without probate court approval.

Why Probate Even When There’s a Will?

In Texas, a will must be formally “proved” in probate court before it has legal effect. This protects the deceased’s wishes and ensures debts, taxes, and creditor claims are properly handled before beneficiaries receive their inheritance.

Exceptions to Full Probate

While most Texas estates must go through probate, some simpler options may apply if the circumstances allow, such as:

Muniment of Title –  If there are no unpaid debts (other than those secured by real estate), a streamlined probate can quickly transfer property using the will itself.
Small Estate Affidavit – Estates with minimal assets and no will may qualify for this faster alternative.
Non-Probate Assets – Life insurance policies, retirement accounts, and assets with designated beneficiaries pass outside of probate.

How an Experienced Probate Attorney Can Help

Texas probate law can be complicated, especially during an emotional time. An experienced probate attorney can:
✅ Explain the process step-by-step
✅ Help you file the will with the correct probate court
✅ Guide you through legal requirements and deadlines
✅ Minimize delays and prevent costly errors

Have Questions About Probate?

If you’re wondering whether probate is required or what options may be available for your family, we can help. Our experienced Texas probate team led by Matt Zimmerman is here to make the process as straightforward as possible.

Contact us today to schedule a case review and learn how we can support you every step of the way.