In the state of Texas, the estate size is only one determining factor for probate proceedings. The amount of outstanding debt a decedent has, whether she has real estate or other valuables that must be transferred in title or deed, and whether there is an official will all contribute to determining the need for the probate process.
Probate Not Mandatory
According to probate attorney Dianne Reis, probate is not mandatory in the state of Texas. It can be useful when the title or deed to real property must be changed legally, however, and it can help mitigate the length of time creditors have to try to collect debts from the estate.
Under $50,000
Generally, if an estate has probate assets valued at less than $50,000, it does not have to open a probate court case in Texas. An estate's assets include all real estate that was held solely in the decedent's name, bank accounts without joint owners and retirement accounts or life insurance that have no named beneficiaries.
Transfer of Property
If a will is left, the probate court's job is to ensure the terms of the will are carried out properly. If there is real estate or other property that requires deeds and titles, the probate court process is the only way to legally transfer ownership of those assets to heirs and beneficiaries.
Affidavits and Exemptions
When an estate has no assets or the assets are valued at less than $50,000, an attorney or account administrator can submit affidavits and other documentation to show proof of exemption from probate or to show the estate is insolvent and unable to pay off its creditors and claims.
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