Do You Really Need Probate in Texas? What Happens to Property After Someone Dies

When a loved one passes away, one of the first legal questions families ask is: “Do we need probate?”

It’s an understandable question — probate can sound intimidating, expensive, and time-consuming. But in Texas, whether you actually need probate depends on how the person’s property was owned and how their estate was planned. Let’s break down when probate is required, when it can be avoided, and what happens to property after someone dies.

What Is Probate?

Probate is the legal process for settling someone’s estate after they die. It allows a court to:

• Confirm that the will (if there is one) is valid

• Identify the person’s property

• Make sure debts and taxes are paid

• Distribute what’s left to the rightful heirs or beneficiaries

In Texas, probate is generally handled in the county where the deceased person lived, and the process is often simpler than in many other states. Texas offers several streamlined options for smaller or well-organized estates.

When Probate Is Required in Texas

You’ll usually need to go through probate if:

1. The person owned property in their name alone.

   For example, a house, car, or bank account that wasn’t jointly owned or didn’t have a beneficiary listed.

2. There are debts that must be settled.

   Creditors have a right to be paid before assets are distributed.

3. There’s a will that needs to be officially recognized.

   The court must “prove up” the will — confirming it’s valid before an executor can act on it.

4. There’s family disagreement about who inherits what.

   When disputes arise, probate provides a formal process for resolution.

When You May Not Need Probate

Not every estate requires formal probate. In many cases, assets can transfer automatically or through simplified legal tools. You may be able to avoid probate if the person’s assets were set up this way:

1. Transfer on Death Deed (TODD)

   A popular option in Texas — this deed names who inherits real estate automatically when the owner dies, avoiding probate.

2. Joint Ownership with Right of Survivorship

   Property like a home or bank account passes directly to the surviving co-owner.

3. Payable-on-Death (POD) or Beneficiary Designations

   Bank accounts, retirement plans, and life insurance policies can pass directly to named beneficiaries.

4. Small Estate Affidavit

   If the total value of the estate is under $75,000 (excluding homestead and exempt property) and there’s no formal will, heirs may be able to transfer assets without probate.

Common Misconceptions About Probate

• “If there’s a will, we don’t need probate.”

  Actually, most wills still must be probated to have legal effect. A will only controls property that goes through probate.

• “Probate always takes years.”

  In Texas, most uncontested probate cases can be completed in a matter of months — especially with a well-drafted will.

• “Probate means losing everything to the state.”

  No — the state only takes property when there are no identifiable heirs or beneficiaries.

What Happens to Property After Someone Dies

Here’s what typically happens once probate begins:

1. The will is filed in court (if there is one).

2. The court appoints an executor or administrator to handle the estate.

3. Assets are gathered, debts are paid, and a final inventory is filed.

4. Once everything is settled, the remaining property is distributed to heirs or beneficiaries.

If there’s no will, Texas intestacy laws determine who inherits — usually the spouse and children, but the exact division depends on family circumstances.

How to Make Probate Easier (or Avoid It Altogether)

The best time to simplify probate is before someone passes away. Estate planning tools like living trusts, transfer-on-death deeds, and beneficiary designations can help assets transfer smoothly and reduce stress for loved ones.

If a loved one has already passed, consulting a Texas probate attorney early can prevent mistakes and speed up the process. Even a short consultation can clarify what steps (if any) are legally required.

Final Thoughts

Probate isn’t always necessary — but when it is, handling it correctly ensures assets are protected, debts are resolved, and families avoid unnecessary conflict.

If you’re unsure whether probate is needed in your situation, it’s worth getting guidance from an experienced Texas probate attorney. Every estate is different, and a quick review can save months of frustration later.

Need help determining if probate is required?

At Walter Law, we guide families through Texas probate and estate matters with clarity and compassion. Contact us today to discuss your next steps and protect your loved one’s legacy.