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

I frequently am asked by prospective estate planning clients, "Do I need a trust?" The answer is the classic one: It depends.

There are at least six really good reasons for you to have a living trust in your estate planning package.

Texas law provides for a shortened, less complicated, less expensive form of probate in specific circumstances called probate as a muniment of title. This funny-sounding procedure really means that your loved ones will is officially recognized as valid by the probate court and placed of public record as notice to third parties to honor the terms of the will for transfer of property. This is a very simple process compared to a full, regular probate.

Many people are afraid of drawing up a will and doing other estate planning because of the perceived high cost. The truth is, drawing up a will is a small cost compared to the cost of probate of an estate if you die without a will and own almost any property.

An independent administration is the form of probate available when a will contains the proper legal provisions authorizing the independent administration of the estate. This means you can avoid extensive court supervision of the handling of the estate once the will has been admitted to probate.

A revocable trust is one that can be completely or partially revoked either during the lifetime of the person creating the trust or afterward. An irrevocable trust means just that: it cannot be revoked.

Probate or administration is the legal procedure for settling and transferring a persons estate, including assets and debts. If a person owns property in a different state from that in which he or she lied at death, an ancillary probate or administration in the other state might be necessary. If there was a will, generally, a probate will be proper, and if there was no will, an administration, which is more costly and involved, may be necessary. For ease of reference, I will use the term probate to cover either procedure.

Probate can be costly and complicated. Unfortunately, not probating a Will could cause your family more stress in the long run. If your loved one has passed away and left a Will behind, you may find yourself in a situation where this is the case.

A small estate affidavit will not always work, however. In some situations, you may need a determination of heirship. If you find yourself in this situation, make sure you have an experienced attorney to guide you through the steps involved. Otherwise, it is easy to feel overwhelmed by the process.