Does a Will Have to Be Probated in Texas?

Not Always—Two Main Exceptions

1. Small Estate Affidavit (Estates ≤ $75,000, No Real Estate)

• Total assets (excluding homestead, exempt property) < $75,000.
• No real property (or only homestead passing to spouse/child).
• No minor heirs.
• All heirs sign affidavit; 30-day wait after death.
• Filed with county clerk—no court hearing.

2. Simplified Probate (Muniment of Title)

• Valid will, no debts (except secured by real estate), no Medicaid claim.
• Court admits will as muniment of title—no executor appointed, no administration.
• Faster, cheaper than full probate.

3. Small Estate Procedures (≤ $50,000 Personal Property Only)

• Even simpler affidavit process for very small estates.

When Full Probate Is Required

• Estate > $75,000 or includes non-homestead real estate.
• Disputes among heirs/beneficiaries.
• Creditors' claims need resolution.
• Minor or incapacitated beneficiaries.
• Will contest anticipated.

Key Takeaway

Many Texas estates avoid full probate. Consult a probate attorney to determine the simplest valid path—improper transfer can create title defects.