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4 Options for Avoiding Probate in Texas Revocable Living Trusts. Joint Ownership with a Right of Survivorship. Transfer on Death Deeds. Beneficiary Designations.

In Texas, beneficiaries are entitled to receive a copy of the will as part of the probate process. This means anyone who is named in the will as an heir has a right to receive a copy of the will.

The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.

An executor has three years after their appointment by the court to distribute any assets under the will that are not due to a creditor. The probate process in Texas is straightforward for most people who go through it.

If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit. Beneficiaries can petition the court to have the executor removed from their positon if they can prove they should be removed for one of the reasons listed above.

An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.

If an estate is not properly probated and closed in a timely manner, there may be a number of consequences that can jeopardize the estate: The statute of limitations for creditors' claims is extended. Assets may lose value or be lost altogether. The state may claim the assets.

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Texas New!Check 10 Key Points in the Will(updated 9/05/2017)

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How do I avoid probate in Texas?

Are beneficiaries entitled to a copy of the will in Texas?

Is there a time limit for executor to distribute estate in Texas?

How long can an executor hold funds in Texas?

What if the executor is taking too long?

How long does an executor have to settle an estate in Texas?

How much does an estate have to be worth to go to probate in Texas?

What happens if an estate is not settled in Texas?

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