If you’re unsure whether an estate needs to go through probate, consulting an experienced Texas probate attorney can clarify the situation.
When someone passes away in Texas, their estate typically undergoes probate. However, not all estates require this legal process, and even when probate is necessary, certain assets may be exempt. Contact the Law Office of Lisa Uresti to understand better what assets must go through probate and when an estate qualifies for an exemption.
When Can an Estate Avoid Probate?
Some estates are exempt from probate under specific conditions. According to Texas Estates Code, Title 2, Chapter 205, probate may not be required if a person dies without a will and their estate—excluding homestead property—has a total value of $75,000 or less. In such cases, heirs can file an affidavit with the court and claim the property after 30 days after the individual’s death.
Types of Assets That Bypass Probate
Even when an estate must go through probate, certain assets can be transferred to beneficiaries without undergoing this legal process. Assets that do not require probate include:
- Property held in joint tenancy, such as a home owned by two individuals listed on the deed.
- Community property with a right of survivorship.
- Payable-on-death (POD) bank accounts.
- Life insurance proceeds and other benefits are designated to a beneficiary.
- Survivor annuity payments.
Additionally, assets placed in a trust do not require probate. While a will must be validated through probate, a trust transfers assets directly to beneficiaries without court intervention.
How a Texas Probate Attorney Can Assist You
The probate process can be complex, leaving many families uncertain about their legal responsibilities. If you are the administrator of a loved one’s estate, seeking guidance from a probate attorney can be invaluable. Your attorney can:
- Determine whether probate is necessary and identify exempt assets.
- Assist in inventorying assets, assessing liabilities, and handling creditor claims.
- Prepare and file all required probate documents.
- Oversee the proper distribution of assets to beneficiaries.
Contact the Law Office of Lisa Uresti Today
At the Law Office of Lisa Uresti, our Texas probate attorney provides the legal support you need when dealing with probate matters. If you need guidance, reach out today for a consultation—in person and over the phone. Let us help you navigate the probate process with confidence.
