What Kind of Property Goes Through Probate in Texas?

 Posted on August 27, 2026 in Estate Planning and Probate

Though it may seem confusing and at times tedious, probate plays an important role in making sure a deceased person’s assets are correctly distributed to beneficiaries. This court-supervised process involves sorting through a deceased person’s estate, but some assets are able to bypass probate. Understanding what property goes through probate – and what doesn’t – is important for beneficiaries and fiduciaries.

Geoff Mayfield, Attorney at Law, is here to guide you through the probate process. Our Comal County, TX probate attorney has over 15 years of experience, so you can rely on him as a source of trusted counsel for your probate property questions.

What Is Included in the Inventory of Assets During Probate in 2026?

During probate, the executor or administrator must list all of the estate property owned by the deceased person. This list is called an inventory.

The inventory can include real estate, vehicles, furniture, jewelry, and business interests. It can also include stocks, bonds, and other investments that do not already have a named beneficiary. The executor must file this inventory with the court within 90 days of qualifying to serve, unless the court grants more time (Texas Estates Code Sec. 309.051). In some cases, an independent executor can file a shorter statement with the court instead of the full inventory. This option is available if certain debts have been paid and the beneficiaries have received a copy of the full inventory.

The inventory helps the court understand what property is part of the estate. It also helps beneficiaries see what they may receive. An executor who fails to file an accurate inventory can face serious consequences, including removal.

Preparing an accurate inventory takes time and attention to detail. An executor must locate account statements, property deeds, vehicle titles, and other paperwork before the deadline arrives. In some cases, an appraisal may be needed to establish the fair market value of a home or a valuable item. Missing even one asset can create problems later, especially if a creditor or family member questions the completeness of the estate.

Do Assets in a Will Go Through Probate?

A will generally controls only property that must go through probate. The court reviews the will, confirms that it is valid, and appoints an executor. The executor can then gather the estate’s assets and notify creditors. After handling valid debts and taxes, the executor can distribute the remaining property to the beneficiaries named in the will.

Some families can use a small estate affidavit instead of going through full estate administration. This option is available only when the person died without a valid will and the estate meets strict requirements. For example, the qualifying assets cannot be worth more than $75,000. Our attorney can review the estate and determine whether this option is available.

What Happens if an Asset Is Not Included in a Texas Will?

Sometimes a person dies with property that his or her will does not mention. This can happen when someone buys a new property after writing a will and forgets to update it, or when a will is written with vague language.

When this occurs, the asset is still treated as part of the estate. Some wills include provisions for what happens to the "residuary estate," or what remains after debts and other obligations are paid and assets have been distributed to the beneficiaries. If the will does not include this type of provision, the asset passes according to intestate succession laws, which are the same laws used when someone dies without a will at all. 

Naturally, this can lead to confusion and disputes among family members. A missing asset can also delay the probate process while the court and the executor try to determine the right course of action. Reviewing a will regularly and updating it after major life changes can help avoid this problem. 

Does a Trust Bypass Probate in Texas?

A trust can be a useful tool for avoiding probate. When a person places property into a living trust, that property is no longer considered part of his or her individual probate estate. Instead, the trust document controls how the property is distributed.

The trust already names a successor trustee, so that person can step in and manage the property without waiting on the court. This can save time and reduce costs for the family. It can also keep certain financial details private, since trusts are not filed with the court the way a will is.

Not all trusts work the same way. A revocable living trust can help avoid probate if it is properly funded, meaning the person actually transferred ownership of property into the trust before death. A trust that is never funded will not have this effect, and the property may still need to go through probate.

Funding a trust involves more than simply signing a document. The person creating the trust may have to retitle bank accounts, sign and record new property deeds, and change beneficiary designations. Skipping this step is a common mistake, and an unfunded trust offers little protection.

What Assets Do Not Go Through Probate in Texas?

Some types of property can pass directly to a new owner without going through the probate process. These assets often have a built-in way of transferring ownership that does not depend on a will or the court. Common examples include:

• Assets with a named beneficiary, such as life insurance policies and retirement accounts

• Jointly owned property with a right of survivorship agreement

• Real estate transferred through a valid transfer-on-death deed

• Payable-on-death bank accounts and transfer-on-death investment accounts

This is not a complete list – other types of property can also avoid probate, depending on how they are owned or titled. An attorney can help review the specific details of an estate to determine which assets may pass outside of probate and which ones will still require court involvement.

Contact Our Wilson County, TX Probate Attorney

Handling an estate after losing a loved one can feel overwhelming, especially while trying to sort out which property must go through probate. Geoff Mayfield, Attorney at Law helps families work through the probate process with care and clear guidance. 

Our firm is ready to discuss your case. Call 210-535-0870 or contact our Comal County, TX estate administration lawyer to schedule a free consultation today.