Texas is one of the easiest states in which to perform a probate. Probate is the legal process that occurs after a person dies to take that person's name off of the property on which it appears as owner. For example, if a person dies owning real estate, that person's name needs to be taken off of the real estate title so that the property then is in the name of the heirs. The same process occurs with each and every piece of property that the deceased's name is on.
There are several different ways of achieving this in Texas. Some of these ways are only available if the person who died had a will. If the person who died had no will, the process is more complicated and more expensive. Therefore, it is always best to have a will or will substitute (trust), which avoids probate altogether. If a person dies owning only real estate in his or her name, an expedited process is available in Texas that is very easy to pursue, known as a Muniment of Title.
