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Nonprobate property skips the probate process completely. The assets are transferred directly to the beneficiaries according to a contract or deed. The court doesn't have to approve nonprobate transfers.
Examples of nonprobate property include:
However, nonprobate assets aren't always fully protected. If probate assets aren't enough to cover the deceased person's debts, the estate executor may have to claim nonprobate assets to make up the difference.
See our Transfer of Property After Death guide for more information about estate planning.
After the owner dies, transferring nonprobate property is fairly simple. For personal property like bank accounts and investments, you'll need to contact the institution directly. They will likely ask you to fill out a claim, submit a copy of the death certificate, and verify your identity.
For nonprobate transfers of real estate, you'll need to go through the county clerk's office. You may have to submit a notarized affidavit of death, a copy of the death certificate, and other documents. This must be done in the county where the property is located.
If an ex-spouse is listed as a beneficiary on a nonprobate account, Texas law often nullifies the beneficiary designation. It means that the ex-spouse cannot inherit the property. There are some exceptions, such as when the designation is added after the divorce. This may include:
However, federal law overrides state law when it comes to federally-supervised employee benefit plans. Accounts subject to the Employee Retirement Income Security Act of 1974 (ERISA) will be distributed to the listed beneficiary, regardless if the couple got divorced. ERISA accounts might include pensions, 401(k) accounts, employer-sponsored life insurance, etc.
Specific terms of the divorce decree and community property laws may also affect the distribution of property.
The law for this subject can be complex. We recommend talking to an attorney to determine how it applies in a specific situation.