Avoiding Probate in Texas
Strategies and tools to help your estate bypass the probate process entirely.
While Texas has relatively efficient probate procedures, many families prefer to avoid the process entirely. Here are the primary strategies for keeping assets out of probate.
Revocable Living Trust
Assets held in a properly funded trust pass directly to beneficiaries without probate. The trust remains private and provides for seamless management during incapacity.
Beneficiary Designations
Life insurance, retirement accounts (401k, IRA), and annuities pass directly to named beneficiaries. Keep designations current and consider naming contingent beneficiaries.
Transfer on Death Deed (TODD)
Texas allows real property to pass outside probate using a transfer on death deed. You retain full control during your lifetime, and the property transfers automatically at death.
Joint Ownership with Right of Survivorship
Property owned jointly with right of survivorship passes automatically to the surviving owner. Common for spouses but carries risks with non-spousal joint owners.
Payable on Death (POD) Accounts
Bank accounts can have POD designations that transfer funds directly to named beneficiaries at death, bypassing probate entirely.
Create Your Probate Avoidance Plan
Our attorneys can help you implement the right combination of strategies to meet your goals.
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