How to Avoid Probate in Texas

Non-probate transfers available in Texas: (1) Transfer on death deed for real estate, recorded before death (Tex. Estates Code §§ 114.051-114.057). (2) Joint accounts with right of survivorship, P.O.D. accounts and trust accounts at financial institutions (Tex. Estates Code §§ 113.151-113.153). (3) Beneficiary designation for a motor vehicle on the title, naming a sole beneficiary (Tex. Transp. Code § 501.0315; Tex. Estates Code ch. 115). (4) Small estate affidavit for intestate estates of $75,000 or less, excluding homestead and exempt property (Tex. Estates Code ch. 205). (5) Probate of a will as a muniment of title or other simplified options where available. (6) Revocable living trust (Texas Trust Code).

Available only when the decedent died without a will. At least 30 days must have passed since death, no petition for a personal representative may be pending or granted, and estate assets (excluding homestead and exempt property) must not exceed $75,000 and must exceed known debts. The affidavit is sworn to by two disinterested witnesses and each distributee with legal capacity, lists all known assets and debts and the family history, is filed with the court clerk, and must be approved by the judge. It does not transfer real estate, except that a homestead that is the only real property may pass if the approved affidavit is recorded in the county deed records.

Yes. An individual may transfer real property at death by a transfer on death deed. The owner needs the same capacity as to make a contract, and the deed cannot be made through a power of attorney. It must contain the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded in the deed records of the county clerk where the property is located before the owner dies. It is revocable, and no notice to or acceptance by the beneficiary, or consideration, is required.