Some of a deceased person’s personal property is protected from creditors and exempt from probate. The list of exemptions even allows for the retention of certain farm animals or pieces of farm equipment.
Of course, as with anything related to a legal matter, property exemptions can become somewhat complicated.
Here are some of the most common questions we get about exempt property.
What counts as exempt property?
Exempt property includes:
- Furniture
- Heirlooms
- Food
- Tools
- Books
- Equipment
- Boats & RVs
- Clothing
- Jewelry
- Up to two guns
- Athletic equipment
- One vehicle for each member of the family or a single adult with a driver’s license
- Two horses, mules, or donkeys
- A saddle, blanket, and bridle for each horse, mule, or donkey
- Up to 12 heads of cattle
- Up to 60 heads of other livestock
- Up to 120 chickens, ducks, or geese
If any of this property is used as a landlord’s lien or security interest, then the lien holder retains the right to collect the secured property.
Who does the exempt property go to?
Exempt property belongs to the surviving spouse and minor or unmarried children of the deceased.
Is there a homestead exemption?
Homestead exemptions exist. The surviving spouse generally has the exclusive right to occupy the homestead for the rest of their life, even if the home is the decedent’s non-marital property and has been gifted to someone other than the surviving spouse. The surviving spouse must maintain the property.
If the decedent didn’t own a homestead, the surviving spouse can request an allowance from the estate of up to $45,000. If they can show a need, they may also be entitled to a family allowance large enough to cover a full year of expenses from the date of the decedent’s death.
The court may order the sale of estate property to cover these expenses.
What are the limits on probate-exempt property in Texas?
Only $50,000 of property is exempted for single adults, and only $100,000 of property is exempted for families. In addition, jewelry should not exceed 25% of these limits.
Have additional questions? Need help?
The Probate Law Group can help you determine what property should be set aside as exempt property and can help you distribute the property properly or stake your claim to it if you are the surviving spouse.
We offer fair, flat rates and exceptional expertise in the probate process. Contact us today to get help.
