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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.

There are several different types of probate in Texas where a loved one dies having a Will. The complexity of the proceeding and the cost varies widely depending on which type of probate you can or must use to pass your loved one's estate. The simplest and least expensive type of probate is known as a "muniment of title" proceeding.

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.

One of the first questions the family of a loved one that has passed will ask is, 'What will it cost to settle the estate in Texas?'

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.

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.

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.

In this series of blogs, I am outlining various types of probates or probate alternatives to settle an estate and their likely costs. As I mentioned in the introduction to this series, the cost is predominantly determined by the type of procedure followed.

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. This funny-sounding procedure really means that your loved one's Will is officially recognized as valid by the probate court. It then becomes part of the public record in the county where the probate was filed as notice to third parties to honor the terms of the Will to transfer property to the beneficiaries. This is a simple process compared to a full, regular probate.

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