There are often alternatives to probate in Texas. These alternatives depend on the unique circumstances surrounding each case.  A few of the alternatives are Affidavits of Heirship, Small Estate Affidavit, and Muniment of Title proceedings. We will be happy to consult with you to determine the best path for your situation.

While an Affidavit of Heirship is one of the cheapest, fastest ways to distribute property to heirs, it is only available when the decedent died without a will and there is no need for estate administration. An affidavit of heirship must be completed by an uninterested person. An uninterested person is an individual who will not inherit from the decedent's estate.

In Texas, Small Estate Affidavits represent a middle-ground solution for finalizing the affairs of a deceased person who did not leave a valid will. It is cheaper and less time consuming than a Determination of Heirship, with or without the need for estate administration, because Texas courts do not typically require a hearing for a Small Estate Affidavit.

Probating a will as a muniment of title is the fastest, most affordable way to probate a will in Texas. A muniment of title will allow the transfer of estate property to the beneficiaries named in the decedent's will without the need for estate administration. Probating a will as a muniment of title is best used in estates that are small and straightforward. Probating the will as a muniment of title may not be a good idea if the beneficiaries do not get along or if there are significant assets in the estate. Also, because the muniment of title is a mechanism that is unique to Texas, this probate procedure should not be used in estates with assets that are held out of state - such as stocks or other financial products.