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Faizan
Probate procedures are set by state laws, and Texas law does not determine the requirement of probating a will based on whether the deceased person, called the testator, owned property. Instead, Texas bases probate procedures on the value of the assets in the entire probate-eligible estate the testator had at the time of his death.
Probate Isn't Required for Non-Probate Assets
In Texas, a will does not have to be probated if the testator owned only non-probate assets at the time of his death. Non-probate assets include those that are passed directly to a beneficiary rather than through a will. For example, life insurance and retirement accounts are typically left to beneficiaries named in the accounts' founding documents, and the assets pass directly to the beneficiary. This does not require any court procedure. If a Texas testator owns only these types of assets at the time of his death, his will does not have to be probated because there is simply nothing in the probate estate to be distributed by the terms of his will.
Small Estate Procedures Might Be Available
Texas allows a simplified small estate procedure for estates in which the value of the property in the estate is less than the amount that will be owed after a family allowance and certain creditors are paid. This is a probate court procedure and does require opening a probate estate. However, the executor, or estate representative, simply provides the court with an accounting of where the estate's money was spent. The court can then approve the accounting and close the estate.
Independent Administration May Be an Option
If the testator owned more in his probate estate than the amount of the family allowance and creditor payments, his estate must go through a normal probate procedure -- either dependent or independent. An independent administration allows the executor to act without court supervision. The executor files an inventory of assets with the court but does not have to ask the court's permission for every administrative step.
In Texas, the probate procedure is not determined by the types of assets in the testator's estate, so an estate can use independent administration whether or not the testator owned real estate at the time of his death. Typically, the executor must simply ask the court for permission to administer the testator's probate proceedings independently.
There Are Ways Around Probate
Texas testators can plan their estates in such a way as to avoid probate even when they own assets that would otherwise increase the value of their estates beyond what would be allowed for simplified procedures. For example, a testator can set up a trust to hold his property during his lifetime. Upon his death, the trust's assets pass outside probate under the terms of the trust documents, thus avoiding probate even if the testator also leaves a will.
Probate Isn't Required for Non-Probate Assets
In Texas, a will does not have to be probated if the testator owned only non-probate assets at the time of his death. Non-probate assets include those that are passed directly to a beneficiary rather than through a will. For example, life insurance and retirement accounts are typically left to beneficiaries named in the accounts' founding documents, and the assets pass directly to the beneficiary. This does not require any court procedure. If a Texas testator owns only these types of assets at the time of his death, his will does not have to be probated because there is simply nothing in the probate estate to be distributed by the terms of his will.
Small Estate Procedures Might Be Available
Texas allows a simplified small estate procedure for estates in which the value of the property in the estate is less than the amount that will be owed after a family allowance and certain creditors are paid. This is a probate court procedure and does require opening a probate estate. However, the executor, or estate representative, simply provides the court with an accounting of where the estate's money was spent. The court can then approve the accounting and close the estate.
Independent Administration May Be an Option
If the testator owned more in his probate estate than the amount of the family allowance and creditor payments, his estate must go through a normal probate procedure -- either dependent or independent. An independent administration allows the executor to act without court supervision. The executor files an inventory of assets with the court but does not have to ask the court's permission for every administrative step.
In Texas, the probate procedure is not determined by the types of assets in the testator's estate, so an estate can use independent administration whether or not the testator owned real estate at the time of his death. Typically, the executor must simply ask the court for permission to administer the testator's probate proceedings independently.
There Are Ways Around Probate
Texas testators can plan their estates in such a way as to avoid probate even when they own assets that would otherwise increase the value of their estates beyond what would be allowed for simplified procedures. For example, a testator can set up a trust to hold his property during his lifetime. Upon his death, the trust's assets pass outside probate under the terms of the trust documents, thus avoiding probate even if the testator also leaves a will.
Posted in: Estate Laws
