In general, most estates will need to go through probate. However, there are exceptions where an estate may qualify for a more simplified version. Although it could still be considered a modified version of probate, it ultimately avoids all the extreme demands of a traditional probate, so we refer to these types of estates as non-probate estates.

Texas and Oklahoma have their own laws governing estate administration and non-probate estates.

Texas

  • Affidavit of Heirship

An Affidavit of Heirship is used when there is minimal debt and the heirs of the deceased are seeking to simply transfer title of real estate and/or vehicles. Instead of completing a full probate, heirs can complete an Affidavit of Heirship and present it to the title company to pass title into their name.

  • Muniment of Title

A Muniment of Title can be used when there is a Will, there are no unpaid debts (except debts secured by real estate), and Medicaid has no claim against the estate. This is an expedited way to transfer title of property into the heir’s name.

  • Small Estate Affidavit

A Small Estate Affidavit is used to access and obtain ownership of things such as real estate and bank accounts. This instrument can be used when the total value of the estate must be $75,000 or less.

Oklahoma

  • Small Estate Affidavit

A Small Estate Affidavit is used to access and obtain ownership of things such as real estate and bank accounts. This instrument can be used when the total value of the estate must be $50,000 or less.