Does a Will Avoid Probate in Texas?
Short answer: No.
Even if someone left a valid will, probate is often still required in Texas to transfer property, close accounts, and settle debts.
⚖️ What Is Probate?
Probate is the legal process of proving a will, appointing an executor, and managing the estate. It gives the executor legal authority to:
Sell or transfer real estate
Access bank accounts
Pay off debts and taxes
Distribute inheritance to beneficiaries
📋 When Is Probate Required in Texas?
You likely need probate if:
The deceased owned real estate or vehicles in their name alone
They had bank or investment accounts without a beneficiary
Creditors need to be paid or resolved
The will names an executor to act
🚫 When Probate Might Not Be Required
Probate may be avoided if:
All assets had named beneficiaries (like life insurance, POD accounts)
The estate is very small (under ~$75,000 and meets certain criteria)
Everything was held in joint tenancy or a trust
You qualify for a Muniment of Title (a simplified probate process in Texas)
🧾 What Happens If You Don’t Probate the Will?
You may not be able to sell property or access accounts
The will might be considered legally invalid after 4 years
You could be exposed to claims or legal liability
👩⚖️ How a Probate Lawyer Helps
At Clear Counsel Texas, we guide clients through:
Traditional probate (with or without a will)
Muniment of Title
Small estate affidavits
Heirship proceedings (if there’s no will)
We offer flat-fee, affordable probate services so families can move forward with peace of mind.
📅 Schedule Your Probate Consultation
Not sure whether you need probate? We’ll review your situation and recommend the simplest legal path forward.