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Does a Will Avoid Probate in Texas? (2025 Estate Planning Guide)

You’ve probably heard it before: “Just write a will and your family will avoid probate.”

If only it were that simple.

In reality, having a will does not avoid probate—at least not in Texas. In fact, a will is often the very reason the estate goes to probate in the first place.

Let’s break this down.

What Is Probate?

Probate is the legal process of:

• Validating the will

• Appointing an executor

• Paying off debts and taxes

• Distributing assets to heirs

In Texas, probate is required if someone passes away with a will and owns assets solely in their name.

So if your goal is to avoid probate, a will alone won’t cut it.

What a Will Actually Does

A valid will:

• Tells the court how you want your property distributed

• Names an executor to carry out your wishes

• Can name guardians for minor children

But it still has to go through probate for the court to recognize and enforce it.

So Why Do People Think a Will Avoids Probate?

It’s a common misunderstanding. Many people assume that writing a will keeps everything “out of court.”

But in Texas, the court needs to see and approve the will before anything can happen—unless you’ve set up other planning tools.

What Actually Helps You Avoid Probate?

1. Revocable Living Trusts

Assets in a trust can pass directly to beneficiaries without court involvement.

2. Beneficiary Designations

• Life insurance

• Retirement accounts

• Transfer-on-death (TOD) accounts

• Payable-on-death (POD) bank accounts

3. Joint Ownership with Right of Survivorship

If you own property jointly, it may pass automatically to the other owner.

4. Lady Bird Deeds

A special kind of deed in Texas that allows property to pass outside probate.

Real-Life Example: Will vs. Trust

“Ellen,” a Houston resident, had a detailed will. But because her house and bank accounts were in her name only, her kids still had to go through probate to transfer ownership.

Her neighbor, “James,” used a trust and named beneficiaries on all accounts. When he passed away, his estate avoided probate entirely.

Are There Any Benefits to Probate?

Actually, yes. Probate:

• Can resolve disputes legally

• Offers creditor protection (with notice requirements and deadlines)

• Gives a judge the authority to make decisions if there’s conflict

If everything is going smoothly, Texas also offers simplified probate options—especially for small or uncontested estates.

How to Make Probate Easier (If You’re Using a Will)

1. Include a Self-Proving Affidavit

This notarized document makes it easier to admit the will without needing witnesses.

2. Keep Beneficiary Designations Updated

Don’t rely solely on the will if you can name beneficiaries elsewhere.

3. Talk to an Estate Planning Attorney

A lawyer can help combine strategies—like wills and trusts—for smoother outcomes.

How The Lange Firm Can Help

At The Lange Firm, we help Texans:

• Draft clear, legally sound wills and trusts

• Avoid unnecessary probate hassles

• Use deed planning, trusts, and designations to reduce court involvement

We’ll help you protect your legacy the smart way.

Final Takeaway

A will doesn’t avoid probate—it starts it.

But with smart planning, you can minimize probate—or skip it altogether. Ready to find the right strategy for your family? Contact The Lange Firm today to get started.