Probate is right up there, with root canals on the list of things that people dread. So, it’s not difficult to imagine why most people want to know whether and when they can just skip the whole thing.
Texas does have several methods for skipping probate in very specific circumstances and some methods for simplifying, speeding up, and streamlining probate. Here are three ways you may be able to avoid probate.
When a Revocable Living Trust Exists
If the decedent has placed all or most of their assets into a revocable living trust, then the beneficiary of that trust receives the assets without being forced to go through probate.
When the Estate is a Home and Nothing More
In this case, we may be able to help you speed up the process with an Affidavit of Heirship, which we would give to the title company to transfer the home’s deed into your name. If your name is already on the deed, you may not need to go through probate at all.
When There Are No Debts
If there are no debts, the estate is very small, and there are very few beneficiaries, a Muniment of Title may allow assets to be distributed directly to the heirs. This option is only available if Medicaid has no claim against the estate.
When the Only Property is Non-Probate Property
Not all of the decedent’s property passes through probate. As we’ve already covered, all property in a trust is non-probate property. So is any real estate owned by joint tenants with a right of survivorship or any other asset with a listed beneficiary. Accounts with “transfer on death” or “payable on death” designations also count.
Are you unsure whether the property in question is non-probate property? Ask our law firm! We’re happy to help.
Get Help Today
Even if you can’t avoid probate, there are ways to make the process easier. For example, uncontested probate can move very quickly if you have the right lawyer guiding you through the process. It’s also possible to probate an estate quickly when it’s very small (meaning, it’s worth less than $75,000).
Here at the Probate Law Group, probate is all we do. We offer flat-free services to help you manage the probate process. We’re happy to help even if your specific case is more complex than it appears and even if you ultimately have to go through probate. Contact us to get started today.
