Does a Will avoid probate in Texas? What Most Families Don’t Realize
- Briana Robertson
- 4 days ago
- 2 min read
Does a will avoid probate in Texas? No, A Will Doesn’t Always Mean a Smooth Process
Many Texans believe that if they have a will, they’ve done enough to avoid probate — but that’s not quite true. In reality, a will is a ticket to probate, not an escape from it.
At BC Robertson Law, we help families in Texas understand what having a will really means — and what you can do to avoid the court process altogether if that’s your goal.
What Probate Looks Like When There’s a Will
Even if you leave behind a valid will, the estate still typically goes through probate. Here’s why:
The court must validate the will’s authenticity
An executor must be officially appointed
Assets must be inventoried and debts paid
Final distributions must be approved
In some cases, it’s straightforward. In others, probate becomes a lengthy, expensive ordeal.
Misconception: “A Will Avoids Probate”
Reality: Does a will avoid probate in Texas? No, a will alone won’t skip probate. It just gives the court instructions on how to distribute your estate.
To truly avoid probate, you need:
A revocable living trust
Transfer-on-death deeds
Beneficiary designations
Joint ownership strategies
When Probate Is Still Required (Even with a Will)
You own property solely in your name
There are disputes among heirs or beneficiaries
Creditors must be paid
Your estate includes business interests or complex assets
What Can Speed Up Probate?
Texas does allow for independent administration if the will explicitly permits it — this means less court oversight. Still, it’s not as fast or private as avoiding probate altogether.
Our firm can review your will and determine if independent administration is possible.
Want to Avoid Probate? Use These Tools Instead:
Revocable Living Trust: Transfers assets directly to beneficiaries, no court needed.
Lady Bird Deed: Transfers your home to your chosen heirs automatically.
Beneficiary Designations: Apply to retirement accounts, life insurance, and more.
Payable-on-Death (POD) Accounts: Bank assets transfer immediately to the named beneficiary.
Real Case Example
A Dallas family came to us after their mother passed with a will. Probate took 9 months. Had she used a trust, her home and accounts would have passed in just weeks — with no court involvement.
Book Your Probate Consultation
Get clarity on:
What your will actually does
If your family will go through probate
How to simplify or avoid the court process