Texas Estate Planning and Probate

Attorney Vinh Doan is licensed to practice in both California and Texas. That matters for families who own property in both states, who are moving, or who have relatives in Texas. We prepare Texas wills, revocable living trusts, powers of attorney and medical directives, and we assist with Texas probate matters, with remote service by Zoom and phone.

How Texas differs from California

• Community property. Both states are community property states, but the details for transmuting, titling and homestead differ.
• Homestead. Texas has strong homestead protections that affect how a home is held and passed on.
• No state estate or inheritance tax. Texas does not impose one, and neither does California.
• Probate options. Texas offers independent administration, a muniment of title and a small estate affidavit. Statutory attorney fee schedules like California's do not apply.
• Documents. Texas has its own statutory durable power of attorney, medical power of attorney and directive to physicians.

Texas probate options

• Independent administration. The executor can manage and distribute the estate without court approval at each step.
• Muniment of title. Used when there is a valid will and no unpaid debts except secured debts. It lets the will serve as the title document without appointing an executor.
• Small estate affidavit. For an estate without a will, when the non-exempt assets are $75,000 or less. The homestead and exempt personal property do not count.
• Four-year deadline. A will generally must be filed within four years after death.

Transfer on death deed

Texas allows a transfer on death deed for real estate. The owner records it during life, and the property passes to the named beneficiary at death without court. The owner can revoke it. It can work for a simple situation, but it does not provide for incapacity or for assets other than real estate, so many families prefer a revocable living trust. We can help you choose.

Property in both states

If you own real estate in California and Texas, the plan should address each state. A living trust can hold property in both states. Texas property in your own name can otherwise require a separate Texas probate after a California one. We coordinate the documents and the deeds so your family deals with one process, not two.