When you bought your home 10 years ago, you and your spouse did not think twice about putting both your names on the title. After all, this was your dream home—a place to build a family together and create memories that will last a lifetime. So, why not share ownership? Not to mention, you each wanted to ensure that if one of you passed away in the far off future, the property would automatically go to the surviving spouse.

While that last part is certainly true in that each of you will share ownership of the property by having both names on the title, we as estate planning attorneys must point out that the surviving spouse does not “automatically” inherit the home. 

Do not worry—everything will work out, especially with us by your side. That said, there is still the matter of probate.

What Is Probate, and How Does It Impact Home Ownership?

In the most simplified terms, probate is a complex but often necessary legal process in which a court validates your Will and helps determine rightful heirs (the people who get your stuff). The court also ensures assets are inventoried and appraised, debts have been paid, and assets are ultimately distributed.

If you have a legal and carefully crafted Will, the court’s supervision—though still complex and time-consuming—is easier to navigate in many respects. That said, probate is still necessary.

In fact, one of the first items on the probate to-do list will be to transfer the property into the surviving spouse’s name. This is the only way to legally ensure that your spouse maintains full rights to the property moving forward. Remember that while probate is necessary, it often takes several months or even longer to complete—even with a legal Will in place. It also involves court fees, attorney fees, and other associated costs. Understanding this well ahead of time for property that is jointly owned can be important for planning and ensuring your estate (and property) passes smoothly to your spouse or beneficiaries.

Is It Possible To Avoid Probate?

Yes! There are several options to avoid probate and streamline the transfer of the home to the surviving spouse.

1. Living Trust — Having the property owned by a living trust will ensure it passes to the people you want it to go to when you pass away even if your spouse does not survive you.
2. Transfer-On-Death Deed — With this legal document, you name your spouse or beneficiary as the person who will automatically inherit the property upon your passing. While this sounds like something you could spell out in a Will, a TODD does not require probate to transfer property ownership. Our attorneys at Leigh Hilton PLLC can assist you in preparing this document to ensure it is valid and properly executed. 
3. Joint Tenancy with Right of Survivorship — Another option is to change the title of your home to joint tenancy with right of survivorship. By doing so, both spouses own the property equally, and one becomes the sole owner upon the other’s passing.  This happens without the need for probate; all the surviving spouse has to do is show a death certificate to the county courthouse and have the property transferred to their name. 
4. Community Property with Right of Survivorship — This is a perk of living in Texas. More importantly, it works similarly to joint tenancy in that the surviving spouse can inherit the property without probate. Another key benefit is that it preserves the community property structure while simplifying the transfer of assets after death—thus ensuring the surviving spouse inherits the property without additional delays or legal hurdles.

The key here is to plan ahead and understand the implications of how your home is currently titled. Yes, joint ownership does provide rights to the surviving spouse. That said, you will still have to navigate the probate process. This is why you should consider the four options above. Our team of experienced estate planning and probate attorneys can help you navigate this process confidently and prevent unnecessary complications.

Now, please … enjoy your beautiful dream home with your spouse.

Call Leigh Hilton PLLC Today!!

Having a competent probate attorney in your corner will help you and your family navigate the often overwhelming waters of protecting everything you own and everyone you love. That is our job, and we think we do it better than anyone else. Call Leigh Hilton PLLC so that we can help ensure you and your family are taken care of in the best way possible. 

Leigh Hilton PLLC wants to be your first call every time for any estate planning need. We look forward to serving you.