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Texas law provides for a shortened, less complicated, less expensive form of probate in specific circumstances. This is called probate as a muniment of title. It is a simple process compared to a full, regular probate.

Probate can be costly and complicated. Unfortunately, not probating a Will could cause your family more stress in the long run. Failing to probate a Will can lead to title or asset transfer problems, debt, disputes, and even potential lawsuits. There are a few situations in which a Will does not have to be probated in Texas. An attorney is essential to help you determine if this is the case with your situation.

I am frequently asked by prospective estate planning clients, "Do I need a trust?" The answer is the classic one: It depends. They are not a one-size-fits-all solution. Whether setting up a living trust is a good idea for you should be discussed with an estate planning attorney who has full knowledge of your assets, family circumstances, and desires.

One of the first questions the family of a loved one who has passed will ask is, 'What will it cost to settle the estate in Texas?' The answer to this question depends on four key factors: the type of assets that will be transferred, if payable on death designations were made on assets, whether there was a Will, and if the heirs agree on a plan for the probate. Based on these factors, you could expect to pay anywhere between $1,500 to upwards of $5,000, depending on which option is most appropriate for your situation.

Not everyone needs a trust, and in some cases, it can be more money than it's worth. However, there are at least six really good reasons for you to have a living trust in your estate planning package. Key considerations for drawing up a trust include the amount in your estate, whether you own assets in another state, privacy concerns, limits you can place on beneficiaries, and protecting your assets.

Texas law has recognized an estate planning trick that is extremely effective to help avoid probate and is low cost, called a deed with an enhanced retained life estate, or “Lady Bird” Deed, or Transfer on Death Deed ("TODD"). These are basically the same form with minor differences. These tools can be used for all types of real estate interests in Texas and are expanding to many other states as well.

An important component of an estate plan is a statutory durable power of attorney, otherwise called a general power of attorney. This power of attorney allows you to name an agent to carry on business-type activities on your behalf if, for any reason, you are not able to do so yourself. Essentially, it helps you avoid needing a guardianship, which can be a costly and complicated process. You should not procrastinate this critical estate planning tool, as you never know what the future has in store.

Families frequently come to me needing to know how to figure out who gets what when a loved one dies without a will. Unfortunately, the answer is that they may be in for a lot of expense and time in a very complicated legal proceeding. A judge will need to determine who will receive portions of the estate, either using an Affidavit of Heirship or an Application for Determination of Heirship.

Estate planning is even more important for LGBTQ+ individuals, yet it is often overlooked until it is too late. Whether you are married or not, you should consider drawing up a Will, a statutory durable power of attorney, a medical power of attorney, a power of attorney to dispose of remains, and review possible beneficiary designations to ensure your wishes are honored in the event of your passing.

In this series of blogs, I have outlined various different types of probates and probate alternatives to help you settle an estate and understand the potential costs. A dependent administration is significantly more expensive than any other type of probate. Wise estate planning could avoid this high cost.