Probate is the legal process of administering and distributing a person’s assets—such as bank accounts, real estate, and investments—after they pass away. It applies whether the deceased had a valid will or died without one, ensuring their estate is properly managed and transferred to rightful heirs.
Probate Will as Letter of Testamentary
Testamentary are letters issued by a probate court stating that a person can act on behalf of a deceased person’s estate. The letters are typically issued according to the person’s last will.
Small Estate Affidavits
Small estate affidavits are a fast and affordable way to transfer property after someone has died, and the value of the estate was $75,000 or less.
Probate Will
as Muniment of Title
A muniment of title simply allows a deceased person’s last will and testament to be treated as proof of title to property. This means that the estate passes directly to named beneficiaries in the will.
Types of Probate in Texas
| Type | Will Required | Court Involvement | Estate Size Limit | Common Use Case |
|---|---|---|---|---|
| Independent Administration | Yes | Minimal | No | Most common when a will exists |
| Dependent Administration | No | High | No | When heirs disagree or no will |
| Muniment of Title | Yes | Minimal | No | No debts, will exists, real property only |
| Small Estate Affidavit | No | Minimal | $75,000 | No will, small estates |
| Heirship Proceeding | No | Moderate to High | No | To determine legal heirs |
| Affidavit of Heirship | No | None (non-judicial) | No | For real property, uncontested, no will |
