When Is Probate Required in Texas?

Texas allows real property through this procedure only under state-specific conditions. The chapter does not transfer title to real property (§ 205.008(b)) with one exception: if the decedent's homestead is the ONLY real property in the estate, title to the homestead may be transferred under the affidavit, which must be recorded in the deed records of a county where the homestead is located; bona fide purchasers may rely on the recorded affidavit, subject to creditor claims and undisclosed-heir recovery rights (§ 205.006). "Homestead" and "exempt property" mean property eligible to be set aside under § 353.051 (§ 205.009). Real estate held in a trust, or otherwise titled to pass outside the probate estate, transfers without probate. A transfer-on-death deed recorded before death also passes real estate outside probateTex. Estates Code 114.001 to 114.106Verified Oct 17, 2026View source in Texas. The Texas trust vs. will comparison sets the two routes side by side.

In Texas, the assets that pass outside probate are property held in a living trust, accounts with a named beneficiary (retirement accounts, life insurance, payable-on-death bank accounts), real estate with a recorded transfer-on-death deedTex. Estates Code 114.001 to 114.106Verified Oct 17, 2026View source, and property owned jointly with right of survivorship. Everything the decedent owned alone, with no beneficiary named, is the probate estate.

In Texas, a simple estate typically takes 4 months to 6 months through probate, and an average estate 6 months to 12 months. An estate with a dispute, real estate in another state or an unusual asset runs longer. The creditor claim period of 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source sets the floor: final distribution waits for it to run.

The common ways to avoid probate in Texas are a funded revocable living trust, beneficiary designations on accounts, recording a transfer-on-death deed for real estateTex. Estates Code 114.001 to 114.106Verified Oct 17, 2026View source, and titling property as joint tenants with right of survivorship. A trust covers every asset titled to it in one document; the other routes work asset by asset.