Your house is important for you and your spouse. It is likely the largest asset you own. When you pass away, you want to make sure that your spouse doesn’t have to go through probate court just to keep your family home.
Texas law can make avoiding probate difficult. If you die, your spouse doesn’t automatically get your assets. So how can you prevent your home going through probate?
Signing a survivorship agreement
One way you can prevent probate is to sign a survivorship agreement. A community property survivorship agreement states that you and your spouse both have rights to survivorship. If one of you passes the way, the other takes possession of the house without having to go through probate. This is one way you can put survivorship rights in writing.
Creating a living trust
You can also create a living trust to avoid probate. With a living trust, you can have the trust take ownership of your home while you remain the trustee, the person who manages the trust. When you create the trust, you list who gets the contents of the trust once you pass away.
Since a trust is a separate entity, probate courts do not consider anything in the trust as your assets. This can make sure your home transfers to your spouse without going through probate.
Making an easier transition
When you pass away, you don’t want your spouse to have to fight for your shared home. Probate court can be a long and difficult process, especially if someone tries to challenge your will. Planning ahead can make sure your spouse doesn’t have to deal with the complications of probate.