Which Assets Go Through Probate?

 Posted on February 11, 2025 in Estate Planning

If you are navigating the probate process in Texas for the first time, you probably have many questions. One of the most common things people wonder about probate is exactly which assets must go through probate and which ones can transfer directly to heirs. Understanding how this works can help you prepare for the legal steps ahead and avoid unnecessary delays in settling your loved one’s estate. Our Texas probate lawyer can give you the help you need and ensure that your loved one's estate is handled correctly.

How Does Probate Work?

Probate is the legal process of settling a person’s estate after they pass away. It involves verifying a will (if one exists), finding assets, paying off any debts, and distributing remaining property to heirs or beneficiaries. If there is no will, Texas intestacy laws determine how the assets are divided. This means that state law says who inherits assets based on their relationship to the deceased.

Not all assets need to go through probate. Some can be given directly to heirs without court involvement, while others require a legal process before they can be distributed. Knowing the difference can help families handle an estate more efficiently.

Do All Assets Go Through Probate in Texas? 

Certain assets are legally required to go through probate before they can be passed on to heirs. This generally includes any property that was solely owned by the deceased. If a home, vehicle, or personal belongings were in the deceased’s name only, those assets usually need to go through probate before they can be transferred.

Bank accounts that did not have a payable-on-death (POD) beneficiary also must go through probate. If the deceased did not designate someone to automatically receive the account balance, or if there are not two people whose names are on the account, the money becomes part of the estate and requires court oversight. Similarly, real estate that does not have a transfer-on-death deed must go through probate to establish legal ownership.

Personal belongings, including furniture, jewelry, and collectibles, typically go through probate as well. Unless they were assigned to someone through a legal document, they become part of the estate and must be distributed according to the will or state law.

Assets That Avoid Probate in Texas

Many assets transfer directly to heirs without going through probate. If property or accounts were jointly owned with a right of survivorship, the surviving owner automatically receives full ownership. This is common with homes or bank accounts owned by both spouses.

Life insurance policies and retirement accounts, such as 401(k) plans and IRAs, also avoid probate if a beneficiary is named. The funds are paid directly to the designated recipient without requiring court approval.

Several estate planning options, such as careful beneficiary designation, transfer-on-death deeds, and living wills, also allow assets to avoid probate. If the deceased placed his or her assets into a trust, those assets are managed according to the trust’s terms and distributed directly to beneficiaries without court involvement.

Do I Need a Lawyer for Probate? 

Understanding which assets must go through probate and which ones do not can be confusing, especially if you are grieving after the loss of a beloved parent or other family member. A lawyer can manage the difficult legal aspects of probate so you do not have to, including determining whether specific assets require probate. An attorney can also handle the paperwork, make sure that assets are distributed correctly, and help with any other legal problems involved in settling your loved one’s estate.

Contact a Flower Mound, TX Probate Lawyer

If you have lost a loved one and need to know more about the probate process in Texas, working with a Denton County, TX probate lawyer can provide clarity and guidance. At Colbert Law Group PLLC, we can help you navigate the legal steps involved in settling an estate, no matter how complex the estate may be. Call 972-724-3338 today to schedule a consultation.