Avoiding Probate in Texas: Real Strategies That Work

Briana Robertson
7 days ago
3 min read

Why Avoiding Probate Matters in Texas

When someone dies in Texas without a clear estate plan, their family may be forced to navigate the lengthy and public probate process. Probate can take months — sometimes over a year — and comes with court costs, attorney fees, and emotional strain.

But here’s the good news: with proper planning, probate can often be avoided entirely.

At BC Robertson Law, we help individuals and families design estate plans that bypass probate and ensure their loved ones are protected. Here's how.

What Is Probate in Texas?

Probate is the court-supervised process of administering someone’s estate after they die. It involves validating the will (if one exists), settling debts, paying taxes, and distributing assets.

In Texas, probate is relatively streamlined compared to other states, but that doesn't mean it's painless. It still costs money, takes time, and becomes part of the public record.

The Hidden Downsides of Probate

Even in a "simple" probate case, families face:

Delays in accessing bank accounts and property
Court costs and filing fees
Legal representation expenses
Potential disputes among heirs
Public exposure of the estate’s details

Avoiding probate is about protecting your legacy, your privacy, and your loved ones' peace of mind.

5 Proven Ways to Avoid Probate in Texas

Here are some of the most effective, legally sound strategies we use at BC Robertson Law:

1. Revocable Living Trusts

One of the best tools for avoiding probate in Texas is a revocable living trust.

You place your assets in the trust during your lifetime.
You still control the assets and can make changes at any time.
When you pass, the assets transfer directly to your beneficiaries—no probate court involved.

Bonus: Trusts also make it easier to plan for incapacity.

2. Beneficiary Designations

Many assets can transfer outside of probate simply by naming a beneficiary. These include:

Life insurance policies
Retirement accounts (like IRAs and 401(k)s)
Bank accounts (with Payable on Death, or POD designations)

Just make sure these designations are up to date. It’s one of the first things we review during your estate planning consultation.

3. Transfer-on-Death (TOD) and Lady Bird Deeds

Texas allows the use of Transfer-on-Death Deeds and Lady Bird Deeds for real estate. These deeds allow your home or other property to transfer directly to a named beneficiary upon your death — without going through probate.

✅ No need to give up ownership while you're alive

✅ Avoids probate court

✅ Can be changed or revoked anytime during your lifetime

4. Joint Ownership with Right of Survivorship

If you co-own property with someone (like a spouse), you can title it as joint tenants with right of survivorship. When one owner dies, the property automatically passes to the surviving owner.

⚠️ Be careful with this strategy — it needs to be done correctly and may have unintended tax or liability consequences if not reviewed by an attorney.

5. Gifts During Your Lifetime

Another probate-avoidance strategy is giving away assets during your lifetime. By gifting property, funds, or personal items now, you reduce the size of your probate estate.

⚠️ Gifting must be done carefully to avoid gift tax consequences or disrupting Medicaid eligibility.