A house or land without probate in Texas

An owner can sign a transfer on death deed so Texas real estate passes to named beneficiaries at death without probate. It must have the elements of a recordable deed, and it must be recorded in the deed records of the county where the property is before the owner dies.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in Texas

Real estate (TOD deed)

Yes · Transfer on death deed

An owner can sign a transfer on death deed so Texas real estate passes to named beneficiaries at death without probate. It must have the elements of a recordable deed, and it must be recorded in the deed records of the county where the property is before the owner dies. The owner can revoke it. The beneficiary takes the property subject to mortgages and liens.

Law: Tex. Estates Code secs. 114.051-114.057, 114.104

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Texas
Counts

Texas real estate other than the homestead counts toward the value, but the small estate affidavit cannot transfer title to it. Only the homestead can pass by the affidavit, and only if it is the only real property.

Law: Estates Code 205.006, 205.008(b)

Main home (primary residence)
Left out

The homestead is left out of the $75,000 only when it could be set aside for a surviving spouse or minor children. If there is no surviving spouse or minor child, the home counts. If it is the only real property, the approved affidavit can transfer its title once recorded in the county deed records.

Law: Estates Code 205.001(3), 205.006, 205.009, 353.051

Surviving spouse in Texas

Texas is a community property state: the surviving spouse already owns half of the community property. If the person died without a will and all of their children are also the surviving spouse's children (or there are no children), the person's half of the community property passes to the spouse and no administration of it is needed; the spouse can collect community claims and manage community property. The spouse can collect the final paycheck by affidavit. In an administration, the homestead and exempt property are set aside for the spouse and minor children, with a family allowance for one year's support.

Who inherits with no will in Texas

With no will and no spouse, everything goes to the children (or their descendants); if none, to the parents, brothers and sisters; then more distant relatives. With a spouse: the person's half of community property goes to the spouse, unless the person had children from outside the marriage, who then get it. Of separate property, if there are children the spouse gets one-third of personal property and a life estate in one-third of the land, and the children get the rest; with no children the spouse gets all personal property and half the land, and the other half of the land goes to parents, siblings or their descendants.

Law: Tex. Estates Code secs. 201.001-201.003

Source: Official page

Related pages

Free help in Texas

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.