Multi-Party Accounts And Other Non-Probate Assets in Texas By 2025

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Not all property passes through the probate process. Nonprobate property passes directly to the beneficiaries without court approval. This may include certain types of bank accounts, life insurance proceeds, and other assets.
The following kinds of assets will pass directly to the beneficiary without going through Probate: Assets held in Trust. Joint tenancy. Beneficiary designations. Transfer-on-death accounts. Lady Bird Deed.
Examples of nonprobate property include: Assets with Designated Beneficiaries. This can include life insurance, retirement accounts like 401(k) and IRAs, payable-on-death (POD) bank accounts, transfer-on-death deeds (TODDs), etc. Joint Ownership with Right of Survivorship.
One of the most common ways to avoid probate is to create a living trust. Through a living trust, the person writing the trust (grantor) must fund the trust by putting the assets they choose into it. The grantor retains control over the trusts property until their death or incapacitation.
A probate asset might include personal items, real estate, vehicles, a bank account, and tenets-in-common assets. Not all property is considered a probate asset. Other assets are non-probate property. These assets bypass the probate process and go directly to beneficiaries or co-owners, no matter what the will says.

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Common examples of non-probate assets are life insurance proceeds, jointly-held property , will substitutes , and inter vivos trusts .
Non-probate assets are those that do not require a courts involvement during the probate process, allowing for a smoother and quicker transfer to beneficiaries. These assets can include life insurance policies, retirement accounts, and properties held in joint tenancy, among others.

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