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How soon must a Will be probated after death? In Texas, generally a Will must be filed within four years after the date of the death, but I encourage you to do it sooner rather than later. Neglecting to probate the Will can leave you in a more painful situation in the long run.

What is probate? Probate, while usually referred to as any legal action to handle an estate, is actually the administration of a Will upon the death of an individual.

Unfortunately, it's all too common for parents to put off estate planning to protect the settlement of their estates for the loved ones left behind because they don't believe they are old enough to think about this. Or, commonly, younger people believe estate planning is too expensive for them to take on at this stage in their lives. Neither of these things are true!

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. This tool can be used for all types of real estate interests.

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.

Has a loved one passed away without a Will? In some cases, you can avoid a lot of frustration by using a Small Estate Affidavit to legally transfer assets at very little expense to you.

Estate planning is especially important for people with blended families in the state of Texas. Without a Will, probate issues can be complicated and the result may not be what the deceased person might have wanted. If you have a blended family, here's how to provide for your estate to pass as you desire.

I have addressed in another blog several steps that can be taken as part of the estate planning process that help avoid the need for probate. If those steps were not taken, a full probate still may not be needed.

Pre-planning is necessary to avoid needing a guardianship. People live much longer these days, and Dementia and Alzheimers are a common issue families face with loved ones or themselves. Pre-planning to deal with incapacity is very smart.

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.