When a loved one passes away in Texas, their estate—including real estate like the family home—often goes through a court-managed process called probate. While probate is designed to validate a will and ensure lawful distribution of assets, it can be time-consuming, expensive, and stressful for families.
The good news? With the right planning, you can keep your home out of probate entirely. At Haugen Law Firm, P.C., we help clients across Denton, Collin, Dallas, and Tarrant counties protect their assets and avoid unnecessary legal hurdles. Here’s how to keep your home out of probate in Texas.
1. Transfer-on-Death Deed (TODD)
A Transfer-on-Death Deed (TODD) is one of the simplest and most effective tools for avoiding probate on real estate in Texas. It allows you to name one or more beneficiaries who will automatically receive ownership of your home upon your death—without the need for probate.
Benefits of TODDs:
- You retain full ownership and control during your lifetime
- It does not affect your mortgage or taxes
- Can be revoked or changed at any time
Pro tip: The deed must be properly recorded with the county clerk before your death to be valid. Haugen Law Firm, P.C. can ensure it’s done correctly.
2. Living Trust (Revocable Trust)
A revocable living trust allows you to transfer ownership of your home (and other assets) into a trust during your lifetime. You serve as the trustee and retain full control. Upon your death, a successor trustee distributes the property according to your wishes—no court involvement required.
Advantages:
- Complete control while you’re alive
- Avoids probate entirely, provided our instructions are adhered to
- Maintains privacy (trusts are not public record)
- Can include multiple properties or out-of-state assets
A living trust is especially useful for families with blended households, minor children, or property in multiple locations.
3. Joint Ownership with Right of Survivorship
In Texas, you can co-own a property with someone else—usually a spouse or adult child—with a “right of survivorship.” When one owner dies, the surviving owner automatically takes full ownership without going through probate.
Important: This must be explicitly stated in the deed. Simply being co-owners (as tenants in common) does not guarantee survivorship rights. Let our attorneys draft the right language for your goals.
4. Lady Bird Deed (Enhanced Life Estate Deed)
A Lady Bird Deed is another tool that allows you to keep your home out of probate while retaining control during your lifetime. You can live in the home, sell it, or refinance it at any time, and it passes automatically to named beneficiaries when you pass away.
This type of deed is often used in Medicaid planning, as it doesn’t count as a gift and can protect the home from Medicaid estate recovery.
5. Consider Gift Transfers (With Caution)
Some people consider transferring ownership of their home to a loved one as a gift during their lifetime. While this can avoid probate, it often comes with significant tax consequences and loss of control. It’s rarely the best option unless done with careful planning and professional guidance.
Why Avoiding Probate Matters
Keeping your home out of probate can:
- Save time and legal costs
- Ensure a smooth transfer to heirs
- Maintain family privacy
- Prevent disputes over property ownership
Without a plan, your home could be tied up in probate for months—or longer—causing added stress for your loved ones.
Let Haugen Law Firm, P.C. Help You Protect Your Home and Legacy
At Haugen Law Firm, P.C., we’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today!