{"id":2447,"date":"2019-09-12T21:24:27","date_gmt":"2019-09-12T21:24:27","guid":{"rendered":"https:\/\/probatestars.com\/?p=2447"},"modified":"2021-08-10T10:12:03","modified_gmt":"2021-08-10T10:12:03","slug":"probate-in-texas","status":"publish","type":"post","link":"https:\/\/probatestars.com\/probate-in-texas\/","title":{"rendered":"What is Probate In Texas"},"content":{"rendered":"

What is probate in Texas?<\/h2>\n

Probate in Texas is a legal proceeding used to distribute a decedent\u2019s assets. A decedent’s assets that go through probate in Texas are distributed according to decedent\u2019s will or Texas law. Texas is known to have a relatively simple probate process in comparison to other states. The Texas probate process is also used to settle a decedent\u2019s debts.<\/p>\n

Is Probate in Texas Required?<\/h2>\n
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Probate is not always required in Texas. Whether or not probate is necessary depends on how decedent owned assets. Assets titled in certain ways will pass by operation of law at the decedent\u2019s death. Some examples include:<\/p>\n<\/div>\n

Payable on Death (POD) Accounts<\/h4>\n

No probate is required for pay on death accounts. The named beneficiary will inherit the money in the account upon the decedent\u2019s death.<\/p>\n

Community Property with Rights of Survivorship<\/h4>\n

In Texas spouses can agree that some or all of their community property becomes the property of the surviving spouse<\/a> upon death of the first spouse. The agreement can include community property then existing or acquired in the future. Texas Estates Code 112.051<\/a>.\u00a0 Probate in Texas can be avoided with such an agreement.\u00a0 Read Failed Will Can Qualify As a Community Property Survivorship Agreement In Texas<\/a>.<\/p>\n

Transfer-on-Death Deeds For Real Estate<\/h4>\n

A decedent can real estate going through probate in Texas by making a transfer-on-death or beneficiary deed for real property. The decedent records the deed while living, but the transfer of ownership only takes effect upon death. Up until the decedent\u2019s death, the decedent can revoke the deed. The Transfer-on-Death Deed must:<\/p>\n