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Do I Have To Probate If There Was A Will?

Many times, clients with a loved one who has passed and had prepared a will assume that there must be a probate of the will. Sometimes, however, if your loved one has no assets that are not already disposed of by beneficiary designation or payable on death provisions, there is no need to probate a will. This frequently happens if they had already sold their home and were residing in a nursing home, and the only assets they still owned were liquid assets.

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Slick Trick In Texas To Transfer Real Estate Without Probate

For many people, their residence and other real estate comprises the biggest part of an estate that requires probate to pass title. Texas law has recognized an estate planning trick that is extremely effective and low cost, called a deed with a retained life estate or “Lady Bird” deed. This tool can be used for all types of real estate interests. If you have drawn up this deed to real property prior to your death, you might be able to probate entirely, if the rest of your assets have been designated with beneficiary or payable on death arrangements.

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Part 6: The Cost Of Probate Alternatives

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. 

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Part 5: The Cost Of A Full Dependent Administration

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. As I mentioned in the introduction to this series, the cost is predominantly determined by the type of procedure followed. 

  • In Part One, I discussed probate as a muniment of title, which is usually one of the least expensive procedures. 
  • In Part Two, I discussed the cost of an independent administration of the estate. Both of those procedures require the decedent to have had a will. 
  • In Part Three, I discussed how if there is no will, the least expensive way to settle the estate through a court proceeding is a small estate affidavit. 
  • In Part Four, I discussed the high cost of a proceeding to determine heirship and for administration of the estate.

Today, I’ll walk you through dependent administration, a type of proceeding that can potentially be more expensive.


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Part 4: The Cost Of A Determination Of Heirship Proceeding

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 Part One, I discussed probate as a muniment of title, which is usually one of the least expensive procedures. In Part Two, I discussed the cost of an independent administration of the estate. Both of those procedures require the decedent to have had a will. In Part Three I discussed how if there is no will, the least expensive way to settle the estate through a court proceeding is a small estate affidavit.

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Part 3: The Cost Of A Small Estate Affidavit

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 Part One, I discussed probate as a muniment of title, which usually is one of the least expensive procedures. In Part Two, I discussed the cost of an independent administration of the estate. Both of those procedures require the decedent to have had a will. If there is no will, the least expensive way to settle the estate through a court proceeding is a small estate affidavit.  

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Part 2: The Cost Of Probate As An Independent Administration

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 Part One, I discussed probate as a muniment of title, which usually is the least expensive procedure. Many times that type of probate is not appropriate, though, and an independent administration is required.

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Part One: The Cost Of Probate As A Muniment Of Title

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. This type of probate is the least expensive formal, court-administered proceeding. 

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What Is The Cost Of Probate Or Administration Of An Estate?

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?”

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Do I Need A Trust?

I frequently am asked by prospective estate planning clients, "Do I need a trust?" The answer is the classic one: It depends.
 
For some people a revocable living trust is a very smart estate planning tool, and for others it is a waste of money.
 
Trusts are promoted in a lot of random general literature that the public receives. 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.
 
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