When a loved one passes away, the probate process can add stress and delays to an already difficult time. In Texas, probate is the legal process of distributing a person’s estate under court supervision. While it serves an important purpose, many families seek to avoid probate in order to save time, money, and maintain privacy.



At David A. Munson, PC, we help Houston residents explore legal strategies to avoid probate while ensuring their estate planning goals are met. Here are some of the most effective methods available under Texas law.

1. Create a Revocable Living Trust

One of the most common ways to avoid probate is by establishing a revocable living trust. When you create this trust, you transfer ownership of your assets into it and name a trustee (often yourself during your lifetime). Upon your death, your successor trustee can distribute the assets directly to your beneficiaries without court involvement.

Benefits of a revocable living trust include:

• Immediate access to assets for beneficiaries
• Avoiding multiple probate proceedings if you own property in more than one state
• Greater privacy than a public probate case

2. Use Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations

Texas allows you to designate beneficiaries directly on financial accounts through payable-on-death (POD) or transfer-on-death (TOD) forms. These tools are available for:

• Bank accounts
• Retirement accounts
• Investment accounts
• Certain real estate deeds (via a Transfer-on-Death Deed)

These designations allow assets to pass directly to the named beneficiary upon your death, bypassing probate entirely.

3. Joint Ownership with Right of Survivorship

Another strategy is to own property jointly with another person and include a “right of survivorship” clause. This applies to real estate and certain financial accounts. When one owner dies, the surviving owner automatically inherits the deceased’s share, avoiding probate.

It’s important to properly title these assets and clearly establish survivorship rights to ensure they are effective.

4. Gift Assets During Your Lifetime

Making gifts while you are alive reduces the size of your estate and can help your heirs avoid probate. Texas does not have a state gift tax, and federal laws allow annual exclusions that let you give up to a certain amount per recipient tax-free.

However, it’s essential to consider tax implications and your own financial security before gifting major assets.

5. Use Small Estate Affidavits When Applicable

If the estate’s value is under $75,000 (not including homestead and exempt property), Texas law allows heirs to use a Small Estate Affidavit to transfer assets without a formal probate process. This simplified method is only available under specific conditions and is typically used when there is no will.

Why Legal Guidance Matters

Avoiding probate involves careful planning and legal precision. At David A. Munson, PC, we assist Houston families in using the right tools to protect their assets and simplify future transitions. Every estate is unique, and we tailor solutions that align with your goals.

Contact us today to learn how we can help you avoid probate and gain peace of mind through sound estate planning.