Texas
Estate planning basics in Texas
Texas has no state estate tax, has no inheritance tax, is a community property state, and allows a transfer on death deed for real estate. The details are below, in plain words, as Legacy Guard shows them to families in Texas.
| Estate tax | None |
|---|---|
| Inheritance tax | None |
| Community property | Yes. Texas is a community property state. |
| Small estate limit | Small estate affidavit through the probate court for estates up to $75,000 (not counting the homestead and exempt property), 30 days after death, only when there is no will. An affidavit of heirship is also common for real estate. |
| Transfer on death deed | Yes. Texas allows a transfer on death deed for real estate. |
| Probate | Texas probate with a will and independent administration is faster and cheaper than in most states, often three to six months, but it is public and requires an attorney in court. Living trusts are common for privacy, out-of-state property, and incapacity planning. |
| Homestead | The Texas homestead is protected from most creditors without a dollar cap, carries a property tax exemption with a freeze at 65, and cannot be left away from a surviving spouse's right to live there. |
| Vehicles | Yes. Texas allows a beneficiary designation on a vehicle title, so the car passes without probate. Retitling to the trust is optional. |
| Last reviewed | October 21, 2026 |
State rules are general information kept current by Legacy Guard, last reviewed October 21, 2026. Your attorney's advice comes first. Figures that are adjusted each year are given for the year stated.
What this means for your plan
- Texas has no state estate tax, so only the federal exemption of $15 million per person (2026) applies. Most families will not owe federal estate tax, but a plan still decides who gets what and how smoothly.
- As a community property state, Texas treats most property acquired during a marriage as owned half by each spouse. That shapes how a trust is funded and what passes at the first death, and it is one of the things Legacy Guard flags when a family moves here from a common law state.
- A transfer on death deed can pass your home to a named person without probate. It does not replace a trust, and it needs to be coordinated with one, but it is a simple tool worth asking about.
- Small estate rules only matter if little or nothing goes through probate. A funded trust and up to date beneficiary designations are what keep an estate small in the first place, and that is exactly what the Legacy Guard annual review checks each year.
Questions about Texas
- Does Texas have an estate tax?
- No. Texas has no state estate tax. The federal estate tax exemption is $15 million per person for 2026.
- Does Texas have an inheritance tax?
- No. Texas does not tax what an heir receives.
- Is Texas a community property state?
- Yes. In Texas, most property acquired during a marriage belongs to both spouses equally, which affects how a plan is built and how assets pass at the first death.
- Does Texas allow a transfer on death deed for real estate?
- Yes. Texas allows a transfer on death deed for real estate.
- What is the small estate limit in Texas?
- Small estate affidavit through the probate court for estates up to $75,000 (not counting the homestead and exempt property), 30 days after death, only when there is no will. An affidavit of heirship is also common for real estate.
Find a Legacy Guard firm in Texas
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