When a loved one passes away, families are often left navigating grief and the legal process known as probate—the court-supervised process of distributing someone’s estate after death. In Texas, probate can be more efficient than in other states, but it can still cause delays, unexpected expenses, and added stress for your family.
The good news? With the right planning, you can often avoid probate entirely.
At Coker, Robb & Cannon, we help individuals and families across Denton, Collin, Dallas, and Tarrant counties protect their legacies and simplify the path forward for their loved ones. Here’s how you can avoid probate in Texas.
What Is Probate, and Why Might You Want to Avoid It?
Probate can:
- Take months (sometimes over a year) to complete, delaying access to assets
- Incur court costs, attorney fees, and administrative expenses
- Expose your estate to public scrutiny (probate documents are available in the public record)
- It can increase the risk of disputes or creditor claims
Avoiding probate means your assets pass directly and privately to your beneficiaries without needing court involvement. This reduces stress and speeds up the transfer of property after death.
5 Legal Ways to Avoid Probate in Texas
Texas offers several legal tools to help your loved ones bypass probate court.
1. Create a Revocable Living Trust
A Revocable Living Trust is one of the most effective probate-avoidance tools available. A living trust allows you to transfer ownership of your assets into a trust while you’re alive. You maintain control during your lifetime, and after your death, your successor trustee distributes assets according to your wishes—without court involvement or probate.
Great for:
- Homes and real estate
- Bank and investment accounts
- Business interests
- Blended families
- Out-of-state property (avoids multiple probates)
2. Use Transfer-on-Death (TOD) or Payable-on-Death (POD) Designations
These allow certain assets to pass directly to a named beneficiary:
- Bank accounts: Use POD designations
- Vehicles: Use a Beneficiary Designation for Motor Vehicle Title (Form VTR-121)
- Investment and retirement accounts: Use TOD designations
These tools are simple, cost-effective, and often overlooked. These designations allow assets to pass immediately to the named beneficiary without probate. However, outdated or incorrect designations can override your will, so coordination is critical.
3. File a Transfer-on-Death Deed for Real Estate
Texas allows you to sign and record a Transfer-on-Death Deed (TODD) that names who will inherit your home or other real property after your death—without probate.
Benefits:
- Keeps you in control during your lifetime
- Avoids the need for a will to be probated just for real estate
- Easy to revoke or change
4. Joint Ownership with Right of Survivorship
When property (like a home or bank account) is owned jointly with rights of survivorship, the surviving owner automatically inherits the deceased’s share.
Important: Simply being “co-owners” is not enough. Specific survivorship language must be included under Texas law.
5. Give Gifts During Your Lifetime
By gradually gifting assets while you’re alive, you reduce the size of your estate—meaning less goes through probate later. But it’s essential to be strategic to avoid tax or Medicaid eligibility issues.
What Happens If You Don’t Avoid Probate?
If no planning is done, your estate may have to go through:
- Heirship Determinations Your loved ones will need to go through additional procedures to determine who will receive your assets, and the State of Texas will be the ultimate decider of your beneficiaries. This process can easily become overwhelmingly complicated and create significant delays.
- Muniment of Title (a simplified Texas probate if there’s a valid will and no debts)
- Independent Administration (the most common full probate process in Texas)
- Dependent Administration (a court-supervised and more costly form of probate)
These processes can delay access to assets, incur legal fees, and add to your loved ones' emotional burden.
Get Peace of Mind—Plan Ahead
The best time to plan is before a crisis. Whether you're just starting to explore estate planning or need to update an old plan, our experienced attorneys are here to guide you every step of the way.
At Coker, Robb & Cannon, we serve clients across Denton, Collin, Dallas, and Tarrant Counties with compassion and clarity. Let us help you avoid probate and protect what matters most.
📞 Schedule a Consultation Today
We’re here to make estate planning simple, personal, and effective—for you and your family.