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Introduction: When is Probate Required?

After the death of a loved one, many families in Texas face a whirlwind of emotional, legal, and financial responsibilities. One of the first and most pressing questions they often ask is: when is probate required?

At The Lange Firm, a trusted probate law firm based in Sugar Land, Texas, led by Evan Lange, we work with families across Texas to navigate the often confusing probate process. Understanding when is probate required can help families manage expectations, avoid unnecessary legal complications, and ensure their loved one’s estate is properly handled.

In this blog, we’ll explore the factors that determine whether probate is necessary, the different types of probate in Texas, and the specific situations where probate can (and cannot) be avoided.

When is Probate Required in Texas?

Understanding Probate and Why It Matters

Probate is the legal process through which a deceased person’s estate is administered and distributed to heirs. It also serves as the court-supervised method of settling debts and ensuring the decedent’s wishes (if they left a will) are honored.

In Texas, when is probate required depends largely on the nature of the deceased’s assets and how they were titled at the time of death.

When is Probate Required for Real Estate in Texas?

Transfer of Real Property

If the deceased owned real estate—like a home, ranch, or investment property—probate is often required, especially if the property was held solely in the deceased’s name. Real estate cannot typically be transferred to heirs or sold without some form of probate unless specific planning tools, like a Transfer on Death Deed, were used beforehand.

When is Probate Required If There Is a Will?

Validating the Will

Many people mistakenly believe that having a will avoids probate. In reality, if the deceased left a will, probate is usually required to legally validate that will and give the executor the legal authority to manage and distribute the estate. This is known as “probating the will.”

When is Probate Required If There Is No Will?

Intestate Estates

If the deceased died without a will (referred to as dying intestate), probate is often required to identify heirs and legally transfer assets. Texas intestacy laws will determine who inherits, but the probate court must formally approve the distributions.

When is Probate Required for Bank Accounts?

Bank Accounts Without Beneficiaries

Probate is required if the deceased held bank accounts solely in their name without payable-on-death (POD) beneficiaries listed. Without a named beneficiary, the funds become part of the probate estate and cannot be accessed by heirs without court authorization.

When is Probate Required for Joint Accounts?

Accounts with Right of Survivorship

If the deceased held joint accounts with a right of survivorship, probate may not be required for those specific accounts. Ownership automatically passes to the surviving account holder.

When is Probate Required for Vehicles in Texas?

Vehicle Title Transfers

If the deceased owned vehicles, Texas law allows for simplified transfer options in some cases, such as transferring to a spouse or close family member through an Affidavit of Heirship for Motor Vehicles.

However, if the vehicle is part of a larger probate estate, or if ownership disputes arise, probate may still be required.

When is Probate Required for Life Insurance Proceeds?

Beneficiary Designations

Life insurance proceeds typically do not require probate if a valid beneficiary is named. However, if the beneficiary is deceased, refuses the payout, or no beneficiary was named, the insurance proceeds may become part of the probate estate.

When is Probate Required for Small Estates in Texas?

Simplified Procedures for Smaller Estates

Texas allows for simplified probate processes, like a Small Estate Affidavit, if the estate’s total value (excluding the homestead) is under $75,000. If an estate qualifies for this process, formal probate may not be required.

When is Probate Required for Business Ownership?

Business Interests and Probate

If the deceased owned a business—either as a sole proprietor, partner, or member of an LLC—probate may be necessary to legally transfer ownership interests. This is especially true if no succession plan or operating agreement exists to guide the transition.

When is Probate Required for Out-of-State Property?

Ancillary Probate in Other States

If the deceased owned property in multiple states, Texas probate may only cover Texas-based assets. Ancillary probate might be required in each additional state where the deceased held real property.

When is Probate Required If Assets Have Named Beneficiaries?

Accounts with Beneficiary Designations

Assets like retirement accounts, investment accounts, and annuities typically do not require probate if they have named beneficiaries. These assets pass directly to beneficiaries, bypassing the probate estate altogether.

When is Probate Required for Debts of the Deceased?

Settling Outstanding Debts

Even if all assets avoid probate through beneficiary designations or trusts, creditors may still require a formal probate process to file claims and seek repayment from the estate.

When is Probate Required If There’s a Trust?

Trust vs. Probate

Assets placed into a revocable living trust before death typically do not require probate. The successor trustee can manage and distribute trust assets without court involvement. However, if assets were left out of the trust, probate may still be necessary to transfer those “forgotten” assets into the trust.

When is Probate Required for Digital Assets?

Online Accounts and Digital Property

With increasing digital footprints, families must also address digital assets, such as:

• Cryptocurrency
• Online investment platforms
• Cloud storage accounts

If these assets have monetary value and no transfer mechanism exists, they may become part of the probate estate.

Conclusion

Understanding when is probate required is essential for families dealing with the death of a loved one in Texas. Each estate is unique, and the need for probate depends heavily on the types of assets involved, how they are titled, and whether appropriate estate planning tools were used.

While this guide offers general insights, consulting with a qualified probate attorney—like Evan Lange at The Lange Firm in Sugar Land—can help families navigate the process with confidence.