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Procedure ? An affidavit of heirship is prepared that details the decedent's heirship facts and the assets of the estate. The affidavit is then signed before a notary public by two disinterested witnesses. The affidavit is then filed in the real property records on file with the county clerk's office.
In Texas, if the value of an estate exceeds $75,000, a full probate administration is typically required. This threshold, as stated in the Texas Estates Code, includes the total value of the estate's assets, excluding homestead and exempt property.
Technically speaking, probate is not always necessary in Texas when someone dies without a will. Only in certain situations, alternative processes can be used to distribute the deceased person's assets without the need for a dependent administration.
Who Gets What in Texas? If you die with:here's what happens:children but no spousechildren inherit everythingspouse but no children, parents, or siblingsspouse inherits everythingparents but no children, spouse, or siblingsparents inherit everythingsiblings but no children, spouse, or parentssiblings inherit everything5 more rows
For example, ask the bank if the savings or checking account was ?joint tenant with right of survivorship? (?JTWROS?) or ?payable on death? (?POD?). If the account is one of these types, then the account automatically transfers to the new owner, without any probate court documentation.