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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.

Unfortunately, it's all too common for parents to put off estate planning to protect the settlement of their estates for the loved ones left behind because they don't believe they are old enough to think about this. Or, commonly, younger people believe estate planning is too expensive for them to take on at this stage in their lives. Neither of these things are true!

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 have heard the term living trust and think it is a magical estate planning tool for everyone. For some people, a living trust truly is a smart way to handle their estate, but for others, it is an unnecessary expense.

Texas law has recognized an estate planning trick that is extremely effective to help avoid probate and is low cost, called a deed with an enhanced retained life estate or “Lady Bird” deed. This tool can be used for all types of real estate interests.

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.

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. It is a simple process compared to a full, regular probate.

I have written about how a prenuptial or postnuptial agreement can be an element in an effective financial plan or an estate plan. Many people believe that it is very expensive to have a prenup or postnup drawn up. The expense will depend totally on the situation, and may not be nearly as large as you might think.

Has a loved one passed away without a Will? In some cases, you can avoid a lot of frustration by using a Small Estate Affidavit to legally transfer assets at very little expense to you.

Estate planning is especially important for people with blended families in the state of Texas. Without a Will, probate issues can be complicated and the result may not be what the deceased person might have wanted. If you have a blended family, here's how to provide for your estate to pass as you desire.