Probate doesn’t apply to every asset. In Texas, some property can legally pass to others without court involvement. Understanding which assets avoid probate can help you plan more efficiently and prevent unnecessary delays.
Non-probate assets you can designate
Certain assets transfer automatically based on their title or beneficiary designation. If you name a beneficiary in advance, that asset bypasses probate. This includes life insurance policies, retirement accounts like IRAs or 401(k)s, and payable-on-death (POD) bank accounts. You maintain control by designating beneficiaries while you’re alive.
Jointly owned property with rights of survivorship also skips probate. This typically applies to homes or financial accounts shared with a spouse or family member. When one owner dies, the surviving co-owner receives full ownership without court action.
Transfer-on-death options in Texas
Texas allows transfer-on-death (TOD) deeds for real estate. With a TOD deed, you keep ownership during your lifetime. After you pass, the property transfers to the named beneficiary without going through probate. Similarly, vehicles can transfer through a beneficiary form filed with the Texas Department of Motor Vehicles.
You can also use a revocable living trust to avoid probate. Property placed in the trust is legally owned by the trust itself. After your death, the trust terms determine how assets are distributed. This process avoids court involvement and keeps your affairs private.
Benefits of proper planning
Avoiding probate can reduce legal costs, save time, and protect your family’s privacy. Probate is a public process and often takes months to complete. Tools like beneficiary designations, TOD deeds, and trusts simplify asset transfers.
Even simple steps—like updating POD designations on bank accounts—can ease the process for those you leave behind. Make sure your documents reflect your current intentions.