The probate process is a complex and often misunderstood aspect of managing a decedent’s estate, presenting challenges for those grieving the loss of a loved one. At The Probate Law Group, our mission includes clarifying the probate process for our clients and those seeking guidance, ensuring they comprehend the proceedings in court. This article focuses on identifying which assets must undergo probate in Texas and those that are generally exempt from the process.

Assets Subject to Probate

In Texas, real property and personal property is commonly subject to the probate process. This category encompasses a wide range of assets such as real estate, funds in non-protected bank accounts, parcels of land, vehicles, and significant personal property. The responsibility of the probate court is to interpret the will of the deceased, if available, to allocate these assets accordingly. Without a will, assets are distributed based on Texas intestate succession laws, which dictate the relatives entitled to the estate.

Assets Not Considered When Probating Someone’s Estate 

The classification of assets exempt from probate includes, but is not limited to, the following:

  • Trust-held assets: Assets preserved within a trust are typically safeguarded from the probate process.
  • Transfer-on-death accounts: These accounts are designed to automatically transfer the remaining funds to a designated beneficiary upon the account holder’s demise.
  • Certain co-owned property: Property owned in joint tenancy with rights of survivorship allows the surviving owner to retain ownership without probate intervention.
  • Non probate assets: Assets which have a pay on death beneficiary.

Effectively organizing your estate can significantly reduce or eliminate the need for probate. The complexity of an estate can affect the planning required, but consultation with a skilled Probate lawyer can ensure a comprehensive and efficient strategy.

Seeking a Probate Lawyer in Texas?

The Probate Law Group, PLLC, offers extensive experience in navigating the probate process for our clients across the Houston area. To ensure your estate is prepared for the future and your loved ones are protected, engaging with our firm is a step toward achieving peace of mind. Schedule a consultation with a member of our team by calling us at 713-574-6080, or complete our online form for a prompt response.