Avoiding Probate in Texas: Smart Estate Planning Strategies from BC Robertson Law
- Briana Robertson
- Apr 13
- 5 min read
For many Texas families, the word “probate” brings up images of courtrooms, delays, and legal red tape. While probate is a standard part of the estate settlement process, it’s also one that can often be minimized—or even avoided—with thoughtful planning. At BC Robertson Law, our goal is to help you protect your assets, preserve your privacy, and ensure your loved ones avoid unnecessary legal hurdles during an already difficult time.
In this guide, we’ll break down what probate is, why it can be burdensome, and the top estate planning strategies to avoid probate in Texas. With the right tools and legal guidance, you can make sure your legacy is passed on seamlessly and securely.
Understanding Probate in Texas
What Is Probate in Texas?
Probate is the legal process through which a deceased person’s assets are identified, debts are settled, and the remaining property is distributed to heirs or beneficiaries. In Texas, probate can be time-consuming, public, and costly—especially if no estate planning documents are in place.
Why Avoiding Probate is Important
There are important reasons to consider avoiding probate:
Cost Efficiency: The average cost of probate can eat up to 3-5% of the estate's value, including court and attorney fees. For an estate valued at $500,000, that’s a potential loss of up to $25,000.
Privacy Concerns: Probate proceedings are public. This means that anyone can see details about your estate and any claims made against it, which could invite unwanted disputes among heirs.
Delays: The probate process can take months, or even over a year, depending on the complexity of the estate.
Stress: The process adds legal burdens to grieving loved ones.
Avoiding probate doesn’t mean avoiding legal responsibility—it means proactively planning your estate so that your wishes are carried out smoothly and privately.
Key Strategies for Avoiding Probate in Texas
1. Use a Revocable Living Trust to Avoid Probate
A revocable living trust is one of the most effective ways to avoid probate in Texas. When you create a trust, you transfer ownership of your assets into the trust while you’re still alive. You retain full control as the trustee and beneficiary during your lifetime. Upon your death, a successor trustee distributes the assets according to your instructions—without court involvement.
Benefits of a Living Trust:
Avoids probate for all trust-held assets
Maintains privacy (unlike a will, which becomes public record)
Allows for faster distribution of assets
Useful for blended families, minor children, or business ownership
Creating a trust requires precision and proper funding. At BC Robertson Law, we’ll help ensure your trust is legally sound and properly aligned with your overall estate plan.
2. Use Beneficiary Designations and Payable-on-Death (POD) Accounts
Certain assets allow you to name a beneficiary directly, which means they pass outside of probate automatically upon your death. These include:
Life insurance policies
Retirement accounts (IRA, 401(k), etc.)
Bank accounts with Payable-on-Death (POD) designations
Brokerage accounts with Transfer-on-Death (TOD) instructions
These tools are simple, effective, and cost nothing to set up. However, coordination with your overall estate plan is essential to avoid conflicts or unintended distributions.
We frequently review and update these designations for clients as part of our estate planning services to ensure consistency and alignment with their wishes.
Take Advantage of the Texas Transfer-on-Death Deed (TODD)
Texas offers a unique and powerful tool for real estate owners: the Transfer-on-Death Deed (TODD). This legal document allows you to name a beneficiary for your real property (like your home) so it passes directly to them upon your death—without probate.
Key Benefits of TODD:
Keeps property out of probate
Simple and inexpensive to file
You retain full control of the property during your lifetime
Can be revoked at any time
It’s important that the TODD is correctly drafted, notarized, and filed with the county clerk where the property is located. BC Robertson Law will ensure the deed is executed properly and without errors that could complicate your estate later.
4. Establish Joint Ownership with Rights of Survivorship
In Texas, certain assets can be owned jointly in a way that allows them to automatically transfer to the surviving owner upon death, bypassing probate entirely.
Examples include:
Joint bank accounts
Real estate titled with rights of survivorship
Vehicles or investments co-owned with a survivorship agreement
However, joint ownership isn’t right for every situation. If not done properly, it can lead to disputes, tax consequences, or unintentionally disinherit other heirs. That’s why legal guidance is crucial before adding someone to a deed or account.
5. Gift Assets During Your Lifetime
One often-overlooked strategy for avoiding probate is gifting assets while you’re still alive. Texas has no state gift tax, and federal tax laws allow for generous annual gift exclusions (up to $17,000 per person in 2025 without reporting).
Advantages include:
Reducing the size of your taxable estate
Seeing your loved ones benefit from your generosity
Avoiding probate by transferring assets early
However, gifting should be part of a coordinated estate and tax plan, especially if you're considering large gifts, business interests, or real estate.
6. What Happens If You Don’t Plan to Avoid Probate?
If you pass away without proper planning, your estate will likely go through Texas probate court, and your assets may be distributed according to Texas intestate succession laws—not necessarily your wishes.
Potential Consequences:
Assets tied up in court for months
Family disputes over property or guardianship
Higher legal and administrative costs
Public disclosure of your financial affairs
At BC Robertson Law, we believe estate planning is an act of love. It spares your family unnecessary hardship and ensures your legacy is honored exactly as you intended.
7. Utilize Family Limited Partnerships
Family limited partnerships (FLPs) are another excellent option for managing and transferring family-owned assets. By holding assets in an FLP, you can reduce your taxable estate and simplify the transfer process for your heirs.
Benefits of Family Limited Partnerships
Control Over Management: FLPs allow families to maintain control of assets while planning for future transfers to heirs.
Tax Efficiency: FLPs can enable discounted valuations that lower overall gift taxes.
The Role of an Estate Planning Attorney
Why You Need Expert Guidance
Navigating Texas probate laws and estate planning can feel like a maze. That is why obtaining professional help is invaluable. An experienced estate planning attorney can ensure that your strategy meets your individual needs effectively.
How BC Robertson Law Helps You Avoid Probate in Texas
Our firm provides custom estate planning solutions for individuals, families, and business owners across Texas. Whether you're building a new estate plan or updating an existing one, we’ll help you avoid probate and secure peace of mind.
Revocable Living Trusts
Wills and Powers of Attorney
Transfer-on-Death Deeds
Beneficiary Designation Reviews
Probate Avoidance Strategy Sessions
Ongoing Plan Maintenance and Updates
We understand that every estate is unique. That’s why we take time to listen to your goals, assess your assets, and build a legally sound, tax-smart plan that keeps your estate out of court and in your family’s hands.
Don’t Let Probate Decide Your Legacy
Avoiding probate in Texas is not only possible—it’s highly achievable with proper planning and legal counsel. Whether you want to simplify your estate, protect your privacy, or spare your loved ones the burden of court proceedings, BC Robertson Law is here to guide you with compassion and expertise.
Start planning today. Your future self—and your family—will thank you.
📞 Contact BC Robertson Law for a personalized estate planning consultation. Let’s protect your legacy, together.
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