Is Probate Easier in Texas?


The probate process in Texas is known for being much simpler than other states in the country if you die with a will. This is mostly due to what is known as the “independent administration” of estates. Thanks to this unique process, executors of an estate can distribute assets to beneficiaries without much supervision from the court.

The following assets can be transferred without going through probate:

  • Payable-on-death bank accounts
  • Life insurance proceeds
  • Survivor’s benefits from an annuity
  • Community property with right of survivorship
  • Property held as joint tenancy with right of survivorship

Under independent administration, an executor of an estate doesn’t have to post a bond or ask the court for permission before paying debts, selling property, or distributing assets to family members. However, the executor still has to give notice to creditors and file an inventory of assets with the court.

Muniment of Title

Another probate process in Texas is called the “muniment of title,” which is an easy way to transfer assets from an estate when there is a will present and the decedent has no unpaid debts. Although the court doesn’t have to appoint an executor or administrator if you request muniment of title, you must file an affidavit within six months that states the terms of the will have been fulfilled.

Talk to Our Probate Lawyers Today

At the Law Office of Nancy Perry Eaton, PLLC, our team of dedicated lawyers is here assist you with all of your estate planning needs. Whether you’re looking for advice about probate or drafting your will, we can provide you with the guidance that you need to protect the interests of you and your family. Get in touch with our law office to get started on your case today.

Call (254) 221-8588 to request your consultation with a member of our law firm.

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