Why Probate Is Worth The Hassle & Expense In Texas

Some people may believe their loved one's estate does not need to be probated, or is so simple that probate is not worth the effort and expense. Although this may be true in some situations, if proper advance planning has been done, it is not true most of the time.

Below, we’ll explore three reasons why probate is typically worth it, even if it may seem like a hassle during an already difficult time.

3 Reasons Why Probate May Be The Best Option

1. The Deceased’s Spouse Might Not Receive The Estate Without Probate

A common misconception is that because a husband and wife hold title to their home or other real estate in both their names, upon the death of the first, the title automatically passes to the survivor. This is not true under Texas Law.

Some legal action will be required either upon the death of the first spouse or later, to reflect the legal transfer of the first spouse's interest to the proper legal heirs. If a Will has been drawn up, this will probably be to the surviving spouse.

If there is no Will, however, Texas laws of intestate inheritance, if a spouse had children by a prior marriage, will pass at least some part of the deceased spouse's interests to those children of a prior marriage instead of all to the surviving spouse. This can be a real shock to the surviving spouse when they try to sell such property or to children of both spouses upon the death of the surviving spouse.

2. The Expenses Are Less Than You Think

Probate is often considered expensive. This is because, in some instances, it can be. However, this is often not the case. If the legal requirements for a valid Will are met, the expense of even a full probate can be much lower than the deceased's family expects. Also, probate as a muniment of title may be an option if there are no outstanding debts of the estate other than liens against real estate. This is a less expensive procedure than full probate.

There are also probate alternatives, such as a Lady Bird Deed or Transfer on Death Deed, that the deceased may have drawn up before they passed. These options are much simpler and cheaper than the traditional probate process. You may not realize the deceased has these options in place unless you meet with a probate attorney to assess what is needed to pass the assets to the designated heirs.

3. Probate Is Not Always Long & Complicated

There are gross misconceptions in the public about how long probate takes and how complicated it is. For most individuals who don't own large, complicated estates, probate is fairly straightforward and can be completed in 2-3 months for a full probate. A muniment of title probate can be completed in weeks.

That said, there are specific situations that typically lead to a long probate process. These include:

• The deceased owned property or mineral interests in multiple counties or other states besides Texas
• A beneficiary decides to contest the Will
• The heirs are difficult to identify, locate, and notify
  
  

The Types Of Texas Probate

Probate Types If There Is A Will:

• An Independent Administration: This allows the executor to act without court oversight. This means the executor is not required to post a bond or ask the court permission to settle the estate according to the Will. LEARN MORE
  
  
• A Dependent Administration: If the Will fails to provide for an independent administration, this will be required. A dependent administration is a less common form of formal probate. This process requires court supervision and much more time and expense. Any properly drawn Will should provide for independent administration to avoid this result. LEARN MORE
  
  
• A Muniment of Title Will Probate: This is a simpler, more affordable alternative to formal probate. With a muniment of title, if there are no outstanding debts of the estate other than liens on real estate, all you have to do is file a formal application verifying there are no debts with your loved one's Will, and appear before a judge to have the Will admitted to probate. LEARN MORE 
  
  

Probate When There Is No Will:

• A Small Estate Affidavit: This is the easiest and least expensive court action to handle the estate if there is no Will. This procedure can only be used, however, if the value of the estate, excluding a homestead and exempt assets, is under $75,000. LEARN MORE
  
  
• A Determination of Heirship: This is the most expensive type of probate and may be required if you don’t qualify for a Small Estate Affidavit or if third parties holding assets of the estate will insist on an Order Determining Heirship. LEARN MORE

What Does Probate Cost In Texas?

The cost of probate will depend on the type required to settle your loved one’s estate.

If there was a Will and you can opt for the cheaper Muniment of Title option, you may only have to pay about $500 in filing fees, in addition to attorney’s fees, which are usually less than $1,500 to $2,000. If a full independent administration is required, the filing fees are about the same, but attorney’s fees will likely increase by $500 to $1,000 because there is much more work involved.

If you need a full dependent administration, this cost jumps up to several thousand dollars.

Probate without a Will can be even more costly. It may run as much as $5,000 or more in fees and expenses.

To see a full breakdown of the costs, read my blog HERE.

Don’t Put Off The Probate Process

When you are grieving the loss of a loved one, it can be tempting to delay the probate process. Unfortunately, this often causes more pain in the long run. It is generally better to consult with an attorney about whether probate is needed sooner rather than years down the road or when a legal complication arises.

This is especially true considering the time limit for probate is within 4 years after the individual’s death, unless a satisfactory justification for the delay is presented to the court.

If you have lost a loved one and want to discuss the probate process in Texas, I’m always here to help. Schedule a consultation, and we’ll discuss your options and determine the best path forward for your family and your loved one’s estate.

Schedule A Free* Consultation

* (The free consultation does not cover actual review of documents or giving legal advice on a specific situation.)

** This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal, or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.

*** Please remember that the cost estimates given are only general, ballpark numbers for the Amarillo, Texas area. The costs can vary widely depending on many variables in your individual situation.