Probate can feel like one more hurdle during an already stressful time, dragging out asset transfers and piling on court fees. You can sidestep that hassle by planning ahead.
At Bromlow Law, PLLC, we draw on Laura L. Bromlow’s decades of practice as a Certified Elder Law Attorney to set up plans that move property quickly and privately. Today, we look at practical ways Texans keep their estates out of probate and protect family peace.
What is Probate and Why Avoid It?
Probate is the court-supervised process that gathers a person’s property, pays debts, and hands the remainder to heirs. In Texas, even a well-written will must pass through this system before an executor can act. This often means months of filings, attorney fees, and public records that anyone can read.
Families try to bypass probate for several reasons. It can:
- Delay access to money needed for bills or final expenses.
- Reduce inheritances through legal costs.
- Air private details of an estate in open court.
- Trigger arguments if relatives disagree about the process.
A solid plan can speed up transfers, lower costs, protect privacy, and spare loved ones from additional stress.
Strategies to Avoid Probate in Texas
The good news is that Texas law offers several paths that move assets directly to chosen beneficiaries. Picking one or more tools below often creates a smooth hand-off with minimal court involvement.
Revocable Living Trusts
A revocable living trust is a written agreement that names a trustee to hold property for your benefit during life and pass it to others at death. Because the trust, not the individual, owns the assets, nothing needs to pass through the probate court.
Benefits of a revocable trust reach well beyond probate avoidance:
- You stay in charge as trustee while alive and competent.
- The trust can name a backup trustee to step in if you become ill, keeping bills paid without guardianship.
- Unlike a will, the document does not become part of the public record.
- You can change or revoke it at any time.
Creating this tool takes two steps: drafting the trust agreement and retitling assets, such as real estate or brokerage accounts, into the trust’s name. Skipping the retitling step leaves assets exposed to probate, so follow through is vital.
Beneficiary Designations
Many financial assets let you name who gets the funds when you pass. Once the provider receives a death certificate, the money goes straight to the named person, bypassing probate entirely.
Common accounts that accept beneficiary designations are:
- Bank deposits, such as checking, savings, and certificates of deposit.
- Retirement plans, such as IRAs and 401(k)s.
- Life insurance policies.
Review these forms after life events like marriage, divorce, or the arrival of a new child so the right person receives the funds.
Joint Ownership with Right of Survivorship
Texas recognizes joint tenancy with right of survivorship as long as the owners sign a written agreement under Tex. Est. Code §§ 111.001 and 121.152. At the first owner’s death, the survivor automatically owns the entire asset.
Married couples can also sign a survivorship community property agreement under Tex. Est. Code § 112.051 and following. This turns community assets into property that flows solely to the remaining spouse without court involvement.
Be careful not to confuse survivorship arrangements with tenancy in common, which does pass through probate.
Transfer-on-Death (TOD) Deeds for Real Estate
Since 2015, Texans can sign a TOD deed under Tex. Estate Code § 114.001 and following. The deed lets you keep full control during life, then shifts the property to a named beneficiary at death without probate.
Important points for a TOD deed:
- Record the deed with the county clerk before death.
- Name a contingent beneficiary in case the first person predeceases you.
- You remain free to sell or refinance the property.
Some clients prefer an enhanced life estate or “Lady Bird” deed, which offers similar benefits while preserving certain Medicaid planning options.
Transfer-on-Death (TOD) Registration for Vehicles
Texas Transportation Code, working alongside Estates Code §§ 501.031 and 501.0315, allows car and truck owners to file a form adding a beneficiary to the vehicle title. Upon death, the beneficiary presents the form and the death certificate to the county tax office, then receives a new title without probate.
Couples who co-own a car can also choose a survivorship agreement at the time of purchase or later at the tax office.
Payable-on-Death (POD) Designations for Bank Accounts
Under Tex. Est. Code § 113.001 and following, a POD designation lets an account holder keep full control while living, then pass the balance directly to a named person. Banks often provide a simple form at the teller window or online. Because the beneficiary has no rights until death, everyday banking remains unchanged.
Other Estate Planning Tools
While the strategies above move many assets outside probate, additional planning devices can strengthen your plan.
Premarital Agreements
Engaged couples may sign a contract naming certain items as separate property. That status can limit which assets pass through probate and protect inheritances for children from earlier relationships.
Life Insurance
Insurance proceeds never touch probate when a living person is named on the beneficiary line. Use clear names, not “my estate,” to keep the check out of court.
Small Estate Affidavit
Even without advanced planning, Texas offers a shortcut when the probate estate is worth $75,000 or less, not counting the homestead. Heirs can file a Small Estate Affidavit with the county clerk and skip a full court proceeding.
Potential Pitfalls and Considerations
DIY paperwork often looks easy, yet it leads to hard lessons. A missed signature, wrong legal description, or outdated beneficiary can force heirs back into probate or spark family disputes.
Remember that a will alone does not avoid probate in Texas. It can streamline the process by allowing independent administration, but court filings and deadlines still apply.
Take care when naming minors or people with disabilities as direct beneficiaries. A trust inside the plan can hold funds until the child reaches an appropriate age or protect public benefit eligibility for a loved one with special needs.
Each of these tools removes property from the probate pipeline, yet combining them into an integrated plan often yields the best result.
Texas Probate-Avoidance Tools at a Glance
| Tool | Main Asset Type | Key Statute | Owner Control During Life |
| Revocable Living Trust | Most assets | N/A (common law) | Full control, can amend |
| Beneficiary Designation | Bank, retirement, insurance | Contract law | Full control |
| Joint Tenancy with Survivorship | Real or personal property | Tex. Est. Code §§ 111.001, 121.152 | Shared with co-owner |
| TOD Deed | Real estate | Tex. Est. Code § 114.001 | Full control, revocable |
| POD Bank Designation | Bank accounts | Tex. Est. Code § 113.001 | Full control |
| TOD Vehicle Title | Cars and trucks | Tex. Est. Code § 501.031 | Full control |
Need Help Avoiding Probate? Contact Bromlow Law, PLLC, Today
Bromlow Law, PLLC, focuses on practical plans that move property quickly, respect family wishes, and keep courts out of the picture whenever possible. Laura L. Bromlow’s family-centric approach means every document fits the client’s real life, not a template.
If you want guidance on living trusts, TOD deeds, or beneficiary forms, reach out for a conversation. Call us at 281-665-3807 or visit our website. We look forward to helping you create a smoother path for the people you love.