Probate in Texas

Probate Explained

At Austin Law PLLC, we guide individuals through the Probate process in Texas, which officially recognizes a person’s death and authorizes the administration of their estate by the court. The estate comprises all assets owned by the individual at the time of their passing. In Texas, Probate Courts typically mandate that individuals applying for Probate representation be assisted by an attorney to provide guidance throughout the process.

Texas Probate cases usually fall into one of four categories:

  1. Testate Administration (with a Will):

  2. In cases where a person has a Will, the Probate process is streamlined. The executor is often granted independent administration, allowing them to fulfill their duties without strict court oversight and without the need to post a bond.

  4. Intestate Administration (without a Will):

  5. The process for intestate administration is similar to testate administration, but it generally requires dependent administration. The administrator may need court approval for asset sales or debt payments, and the estate is distributed to heirs as per statutory requirements.

  7. Muniment of Title:

  8. This method streamlines Probate, especially if more than four years have passed since the testator’s death. Muniment of Title doesn’t require an executor or administrator; instead, the court recognizes the validity of the Will and property ownership.

  10.  Small Estate Administration (Estate less than $75,000):

  11. This option allows for a faster transfer of property to heirs without the formalities of the typical Probate process. To qualify, the estate’s value must not exceed $75,000 (excluding homestead and exempt property), there must be no Will, and no real property other than a homestead.

It’s important to note that certain assets, known as non-probate assets, bypass the Probate process. These include insurance policies, retirement plans, assets in trusts, and property owned in joint tenancy with rights of survivorship.

Given the complexity of Probate proceedings, most Texas Probate Courts mandate legal representation. If you have any questions or need assistance navigating the Probate process, please feel free to contact Austin Law PLLC. We are here to provide the support and expertise needed during this crucial time.


Non-Probate Assets

• Insurance policies
• Retirement plans
• 401(k) plans
• Pensions
• Profit sharing plans
• Assets in Trusts
• Money in transfer on death (TOD) or payable on death (POD) accounts
• Property owned in joint tenancy with rights of survivorship

Attorney M. Avery Austin III is committed to offering reliable advocacy in probate-related matters. As a knowledgeable Texas family law attorney, Austin is available to discuss your situation and help you explore your legal options. Whether you are considering making changes to your estate documents or need help resolving probate issues, Austin can offer the detailed counsel and direction you need to make important decisions.