Do I Need Probate in Texas?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.
Texas Thresholds
- Small estate limit:$75,000
- Waiting period:30 days
Find out if you need probate
Answer a few questions about the estate to see if probate is required or if simplified procedures apply.
Small estates may avoid probate entirely
Trusts pass assets without court involvement
This tool provides general information about probate requirements and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Frequently Asked Questions
Texas allows Small Estate Affidavit for estates with personal property valued under $75,000. There is a 30-day waiting period after death.
Real estate in Texas generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or (if available) had a transfer-on-death deed recorded.
In Texas, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if your state offers it.
Probate timelines in Texas vary based on estate complexity. Small estate procedures may be completed in 1-3 months. Simple estates typically take 6-9 months. Complex estates with disputes or multiple properties can take 1-2 years or longer.
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