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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.

An Affidavit of Heirship may be used where there is no Will, and even if there is a Will, if you can determine a third party will accept it to transfer the assets of the estate. The affidavit sets out the family history of the decedent fully enough to determine, under the Texas laws of inheritance, who would be entitled to receive the estate. The cost will depend on several factors but typically is less than $1,000.

Many people turn to free online forms or online templates to complete their estate planning, rather than meeting with an attorney. Unfortunately, there are many unexpected consequences to online or DIY estate planning. These "cheaper" options can lead to your Will being contested, invalidated, or requiring extra expense to probate. It can also result in an outcome that isn’t what you would have wanted. When it comes to estate planning in Texas, working with an experienced probate attorney is the best way to ensure your assets and wishes are protected.

The cost of a living trust in Texas depends on the type of trust you need. 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. The cost of a very simple living trust is a minimum of $1,500 - $2,000. The average cost goes up incrementally with the complexity of the trust document.

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 the assets, whether there was a Will, and if the heirs agree with the terms of the probate. Based on these factors, you could expect to pay anywhere between $1,000 to upwards of $5,000.

When heirs disagree about the terms of a Will, they may choose to contest it. This is an expensive and stressful process. Fortunately, a family settlement agreement allows you to avoid the contested probate process if all beneficiaries agree with how the estate should be distributed. The process is quicker, simpler, and more affordable than contesting a Will.

Two terms are used in the state of Texas to describe a deed that automatically transfers title to real estate you own on your death a transfer on death deed and a Lady Bird Deed. The distinction between these two deeds is subtle, but very important. A transfer on death deed requires all beneficiaries to agree to changes made to your estate, even while you're still alive. A Lady Bird Deed gives you the freedom to make changes without the beneficiaries consent. However, it must be drawn up in a specific way to be considered valid in the state of Texas.

The thought of having to do a probate for a deceased loved one is often scary. Although the legal process can appear complicated, an experienced probate attorney can comfortably guide you through the process. There are 6 steps you will need to follow, including filing the Will, attending a hearing, sending a notice to creditors, and distributing your loved one's Assets according to the terms of the Will.

In this series of blogs, I am outlining various different 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.

In some situations where a loved one passes away without a Will, you may need a determination of heirship in order to pass on their estate. 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.