How Do I Avoid Probate in Texas?

In Texas, a home with a transfer on death deed, a payable on death account, life insurance with a named beneficiary and a vehicle with a transfer on death designation pass outside probate, as does property in a revocable trust; what is left is the probate estate.

Mark what the owner holds

Texas law says how each asset passes at death. Mark what the owner holds and how each piece is titled to see which pass outside probate and what remains for the probate estate.

Examples:

General information about how each asset passes at death under state law, and what remains for probate, not legal or tax advice. The probate cost figures are the probate cost estimator’s, run at the size of the probate estate. Consult a licensed attorney for legal questions.

At a death in Texas, the sums in a joint account belong to the surviving owner only under a written survivorship agreement signed by the owner who died. On the pay on death designation: a p.o.d. account passes to the named beneficiary at the owner's death.

Texas's nonprobate-transfer statute names an insurance policy: the death benefit is paid to the beneficiary the owner designated, outside probate. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another. An IRA is the state's: Texas's statute names an individual retirement account, so the balance is paid to the named beneficiary outside probate. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in Texas: Texas has two survivorship vestings: joint tenancy with right of survivorship, made by a written agreement between joint owners, and community property with right of survivorship, made by a written agreement signed by both spouses. A surviving spouse may ask the court for an order adjudging the community property agreement valid; certified copies of the agreement and order may be recorded. Texas recognizes the transfer on death deed: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

Texas titles a vehicle with a transfer on death designation: the vehicle passes to the named beneficiary at the owner's death without probate. The form is Beneficiary Designation for a Motor Vehicle (Form VTR-121). A vehicle in the owner's name alone is part of the probate estate.

Avoiding Probate in Texas

Probate reaches what a person owned in their own name alone at death, with no survivor, beneficiary or trust named to take it. That is the probate estate, and the will, or the intestacy statute where there is none, governs only that.

Survivorship title in Texas: Texas has two survivorship vestings: joint tenancy with right of survivorship, made by a written agreement between joint owners, and community property with right of survivorship, made by a written agreement signed by both spouses. A surviving spouse may ask the court for an order adjudging the community property agreement valid; certified copies of the agreement and order may be recorded. A home that passes to the surviving owner is outside probate.

Texas recognizes the transfer on death deed: the home passes to the named beneficiary at the owner's death without probate. A home retitled to a revocable trust passes under the trust's terms; the deed used is General Warranty Deed or Transfer on Death Deed.

At a death, the sums in a joint account belong to the surviving owner only under a written survivorship agreement signed by the owner who died. On the pay on death designation: a p.o.d. account passes to the named beneficiary at the owner's death. A Texas joint account passes to the surviving party only under a written survivorship agreement signed by the party who died; a joint label alone creates none. A P.O.D. or T.O.D. account passes to the surviving payee. Sums with neither pass as part of the estate.

A payable-at-death or beneficiary provision in an insurance policy, deposit agreement, retirement account, pension plan, security or other written instrument is nontestamentary in Texas: the money passes to the person the instrument names without a will's formalities. The statute names an insurance policy, so the death benefit is paid to the named beneficiary outside probate. It names an individual retirement account too. An employer plan is federal: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another.

SimplyTrust Editorial·Updated November 1, 2026

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Data sourced from Texas statutes and official state code. How we research.

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How Do I Avoid Probate in Texas?

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