Good news for heirs | Families can collect up to $75,000 from a loved one’s estate without going through probate in Texas

Dealing with an inheritance often means navigating complex rules at the same time families are coping with a loss. In California, one of the biggest worries for heirs is probate, the formal court process to transfer a person’s property after they die, which can be long and expensive. But not every family has to go through it.

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In Texas, a full probate case can take months and cost thousands of dollars. But in smaller estate cases, the law offers a simpler option.

It’s called a small estate affidavit, a sworn document that allows heirs to collect a loved one’s property directly from banks and other institutions without a full estate administration, according to TexasLawHelp, a legal information site.

Who can inherit without going through probate

According to chapter 205 of the Texas Estates Code, the affidavit can be used when:

• The person died without a will
• The estate is worth $75,000 or less, not counting the homestead and other exempt property.
• The assets are worth more than the debts.

Besides that, the only real estate can only be the family home, and it goes only to the surviving spouse or minor children. Also, all the heirs agree and sign the affidavit.

What doesn’t count toward the $75,000 limit

Although there is a $75,000 limit on the state’s worth, there are several assets left out of the calculation:

• The homestead, the home where the person lived
• Exempt property, such as certain personal belongings, retirement accounts, and insurance benefits
• Non-probate property, which passes directly to a beneficiary, like payable-on-death bank accounts, trust property, or assets owned jointly with a right of survivorship

How does the process of inheriting without probate work?

The affidavit must be filed with the court in the county where the person lived. There is a filing fee, usually a few hundred dollars, and some courts may require a short hearing before a judge approves it.

Once approved, the heirs can use it to collect money and property. Many counties publish their own forms, including Harris County in the Houston area and Dallas, Collin, and Denton counties in North Texas.

What if there is a will?

The affidavit cannot be used if the person left a will. In that case some families may qualify for another faster option, known as “muniment of title,” usually when the estate has no debts other than a mortgage.