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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.

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 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.

There are many reasons people put off creating a Will. However, this decision can cost your family a lot of money and heartache in the long run. It can also lead to your estate being distributed in ways that you would not want. Drawing up a Will provides a number of benefits, from allowing you to choose exactly how your estate will be distributed to providing for stepchildren or restricting the rights of the surviving spouse to change a joint plan for the distribution of assets.

If your loved one died with a Will, there are several different types of probate available in Texas. 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.

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.