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Preparing a Will is a smart, compassionate, financially wise, and easy thing to do. So, stop making excuses, and do it! Anyone who has been through settling an estate for a loved one who failed to make a Will can attest to how much they would have preferred the alternative.

One of my biggest pet peeves over the years has been the over-selling of living trust packages to folks doing their estate planning. There are definitely times when a living trust is a good estate planning tool. However, for many individuals, a living trust is an unnecessary expense.

There are two types of probate where there is a Will in Texas that can be followed to distribute a loved one's estate after he or she passes away. Formal probate is a longer, more complex process. On the other hand, probate as a muniment of title is a simple and affordable way to ensure your loved one's assets are distributed as required in the Will. The type of probate applicable to your situation will depend on a number of factors.

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.

A widely-held belief about probate is that it is long and expensive. That is often not the case. How long it will take and how much it will cost depend on a number of factors. In most cases, it is not a lengthy or horribly expensive process.

When a loved one dies without a Will in Texas, you have three options: 1) if statutory requirements are met, a Small Estate Affidavit probate, 2) a formal court Determination of Heirship and estate administration, or 3) an informal Affidavit of Heirship document. These are the steps involved in these proceedings, as well as best practices to follow.

Sometimes, even when a person has drawn up a Will, probate of the Will may not be necessary. Advance care planning with probate-alternative documents can avoid the need for probate in many cases.

If your loved one died without a Will, transferring his or her assets to beneficiaries can be quite difficult. If no action is taken, assets will not be properly transferred and the beneficiaries will have to take some legal action down the road to straighten out the situation. In some cases, a costly determination of heirship proceeding and dependent administration of the estate may be required.

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.

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.