Blended families, where one or both partners have children from a previous relationship, are becoming increasingly common. While these families can be full of love, they also bring unique challenges when it comes to estate planning. Without careful planning, there can be disagreements, hurt feelings, and even legal battles over inheritance. Here are some tips to help ensure fairness and navigate the unique challenges of estate planning for blended families.

1. Create a Comprehensive Estate Plan

One of the most important things you can do to ensure fairness for your blended family is to create a comprehensive estate plan. This should include a will, trusts, and other documents that clearly outline your wishes. Be sure to update your plan regularly, especially if there are changes in your family situation, such as a new marriage or birth of a child.

2. Consider a Trust

A trust can be a useful tool for blended families. By placing assets in a trust, you can ensure that they are distributed fairly among your children and stepchildren. You can also specify how the trust is to be managed and disbursed, providing peace of mind for both you and your heirs.

3. Communicate with Your Family

Open communication is key when it comes to estate planning for blended families. Make sure that everyone is aware of your wishes and the reasoning behind them. Encourage your family to ask questions and express their concerns. This can help to prevent misunderstandings and conflicts down the road.

4. Be Fair, Not Equal

When it comes to inheritance, it's important to remember that fair doesn't always mean equal. Each child and stepchild has their own unique needs and circumstances, and it's important to take these into account when dividing your assets. Consider factors such as age, financial situation, and relationship dynamics.

5. Seek Professional Advice

Estate planning for blended families can be complex, and it's important to seek professional advice from an experienced estate planning attorney. They can help you navigate the unique challenges of your situation and create a plan that meets your needs and wishes.

Contact Crain & Wooley Today

In conclusion, estate planning for blended families requires careful consideration and planning. By creating a comprehensive estate plan, considering a trust, communicating with your family, being fair (not equal), and seeking professional advice, you can ensure that your wishes are fulfilled and your family is provided for.

If you need help with estate planning for your blended family, contact Crain & Wooley today. Our skilled attorneys offer a range of estate planning services and have the experience and resources needed to help you secure your future. 

In Texas, the appointment of a guardian is a legal process undertaken when an individual is unable to manage their personal or financial affairs due to age, illness, or disability. However, with foresight and proper planning, one can often avoid the need for guardianship, maintaining control and privacy in personal matters.

Here are steps you can take to prevent the necessity of a guardianship:

1. Create a Durable Power of Attorney:

A Durable Power of Attorney (DPOA) allows you to appoint an agent to manage your financial affairs if you become incapacitated. This legal document can be tailored to your specific needs, granting as much or as little power as you see fit.

2. Establish a Medical Power of Attorney:

Similar to a DPOA, a Medical Power of Attorney (MPOA) allows you to designate an agent to make healthcare decisions on your behalf should you become unable to do so.

3. Draft a Directive to Physicians:

A Directive to Physicians, commonly referred to as a Living Will, outlines your preferences for medical treatment in scenarios where you might be unable to communicate your wishes.

4. Set Up a Revocable Living Trust:

A Revocable Living Trust is a flexible estate planning tool that allows you to manage your assets during your lifetime and provides instructions for their distribution upon your death or incapacity. Unlike a will, a living trust operates during your lifetime, allowing for the management of your assets should you become incapacitated.

5. Designate a HIPAA Authorization:

By signing a Health Insurance Portability and Accountability Act (HIPAA) authorization, you ensure that your chosen individuals can access your medical information, facilitating informed decision-making on your behalf.

6. Engage in Family Discussions:

Open communication with family members and loved ones about your wishes and the plans you have put in place is crucial. It helps prevent confusion and ensures everyone is on the same page should a crisis occur.

7. Consult with an Experienced Attorney:

Navigating the legal landscape of estate planning and incapacity planning can be complex. Consulting with an attorney experienced in these matters is invaluable for ensuring that your plans are comprehensive and legally sound.

Proactive planning is key to maintaining autonomy and ensuring your wishes are respected, regardless of what the future holds. Our law firm specializes in crafting personalized estate and incapacity planning solutions. If you have concerns about guardianship or wish to explore preventive measures, we invite you to contact our office. Our seasoned team is here to provide the guidance and peace of mind you need as you plan for the future.

When planning for your estate, trusts can be a useful tool to ensure your assets are distributed as you wish. Two common types of trusts are irrevocable trusts and revocable trusts. But what exactly is the difference between the two, and which one is the best fit for your needs?

Irrevocable Trusts

An irrevocable trust is a type of trust that cannot be changed or revoked once it is established. This means that once assets are put into the trust, they are no longer considered your property. Irrevocable trusts are often used for estate planning purposes as they can offer protection from creditors, reduce estate taxes, and ensure that assets are distributed as intended.

Revocable Trusts

A revocable trust, on the other hand, can be changed or revoked at any time during the grantor's lifetime. This type of trust is often used for more flexibility in estate planning and allows for changes to be made as circumstances change. Assets in a revocable trust are still considered the grantor's property and are subject to estate taxes.

Which One is Right for You?

Deciding between an irrevocable and revocable trust ultimately depends on your individual circumstances and goals. If you want to protect your assets from creditors, reduce estate taxes, and ensure that your assets are distributed as intended, an irrevocable trust may be the best option. However, if you want flexibility and the ability to make changes as your circumstances change, a revocable trust may be the better choice.

It is important to consult with an experienced estate planning attorney to determine which type of trust is best for your specific situation. They can help you navigate the complexities of estate planning and ensure that your assets are distributed according to your wishes.

In Conclusion

Bottom line, understanding the difference between irrevocable and revocable trusts is essential when planning for your estate. By working with a qualified estate planning attorney, you can determine which type of trust is best for your needs and ensure that your assets are protected and distributed as intended.

If you need assistance with establishing a trust or have questions about estate planning, contact Crain & Wooley today. Our experienced attorneys can provide guidance and support throughout the estate planning process, including irrevocable trusts, revocable trusts, and more. 

Estate planning and probate are two terms that often come up when discussing the transfer of assets after someone's death. While both are essential aspects of managing an estate, they are not the same. In fact, the choices you make in estate planning can significantly impact the time and money spent during the probate process. This article aims to shed light on why investing in proper estate planning now can save your heirs both time and money later.

The Cost of Dying Intestate in Texas

Dying intestate, or without a will, can be a costly affair. In Texas, intestate probate involves additional steps such as heirship determination, attorneys ad litem, and numerous probate court proceedings. These steps not only prolong the process but also add to the expenses.

The Will: A Step in the Right Direction

Having a well-written Last Will and Testament can reduce the time and expense involved in probate court. However, it's essential to note that in Texas, a will has no legal effect until it is probated, as per Texas Estates Code § 256.001. Therefore, while a will can streamline the probate process, it doesn't eliminate the need for it.

Trust Planning: A Tool for Avoiding Probate

For those looking to avoid the probate process entirely, trust planning is an excellent option. Assets placed in a trust are not subject to probate, providing a smooth transition of assets to the beneficiaries.

Pay Now or Pay Later: The Choice is Yours

The essence of estate planning is that you pay upfront—both in time and money—so that your heirs don't have to pay later. Whether it's the cost of drafting a will or setting up a trust, these are investments that can save your family from the financial and emotional toll of a lengthy probate process, disagreements, taxes and other expenses, and more.

Legal Requirements in Texas

In Texas, courts require an attorney for probate because an executor is not representing themselves. This means you can't represent yourself pro se, as you're not truly representing yourself. For example, Dallas County's probate pro se policy states that only a licensed attorney may represent anyone other than themselves in a judicial proceeding. Similarly, Denton County's policy also mandates that individuals must act through legal counsel in probate and guardianship cases.

By taking the right steps now, you can save your family time and money in the future. Whether it's drafting a will, setting up a trust, or understanding the legal requirements, each step you take today can reduce the cost (in terms of time and money) for your heirs in the future.

For more information on how to navigate the complexities of estate planning and probate in Texas, contact a qualified attorney at Crain & Wooley.

Maximizing Your Legacy: Strategies for Multigenerational Estate Planning

Estate planning is not just about distributing assets after your passing; it's an opportunity to leave a lasting legacy for future generations. This blog will explore the concept of multigenerational estate planning and discuss strategies to maximize your impact and ensure a smooth wealth transition across generations.

Establishing a Family Trust

A family trust is a powerful tool that allows you to preserve and protect your wealth while ensuring its efficient transfer to future generations. We will explore the benefits of setting up a family trust, including minimizing estate taxes, maintaining privacy, and providing ongoing financial support for your loved ones.

Charitable Giving

Incorporating philanthropy into your estate plan can be a meaningful way to give back to society and instill values in your heirs. We will explore various charitable giving options, such as establishing a donor-advised fund or creating a charitable foundation, and discuss how these initiatives can positively impact your family and community.

Education and Succession Planning

Passing on wealth involves more than just dividing assets. It also entails preparing the next generation to manage and grow that wealth responsibly. We will discuss the importance of education and succession planning, including strategies for teaching financial literacy, mentoring future leaders, and engaging family members in decision-making processes.

Protecting Your Legacy from Legal Challenges

We want to help you safeguard your estate plan. It is crucial to anticipate potential legal challenges and take necessary precautions. We will provide insights into possible threats, such as contested wills or disputes among beneficiaries, and offer guidance on drafting ironclad documents and employing dispute resolution mechanisms.

Digital Estate Planning

Protecting your digital assets has become increasingly important in today's digital age. We will delve into digital estate planning, covering topics like managing online accounts, encrypting sensitive data, and designating digital heirs to ensure the seamless transfer of your digital legacy.

Let Crain & Wooley Assist With Your Estate Plan

Estate planning is not a one-size-fits-all endeavor. By embracing multigenerational estate planning strategies, you can go beyond simply passing on wealth and creating a lasting impact for your family and future generations.

Remember, estate planning is a complex process that requires professional guidance. Consult our experienced estate planning attorney at Crain & Wooley to tailor your plan to your unique needs and circumstances. Call us for a consultation at (972) 945-1610.

Types of Wills in Texas: Which Is Best for You?

Anyone who wishes to have control over the distribution of their assets and properties after their passing should have a will in place. Regardless of the size of your estate, having a will can help avoid potential disputes and ensure that your loved ones are taken care of according to your wishes.

However, choosing the right will for your Texas estate—not to mention your family and loved ones—can be a stressful ordeal for everyone involved. There are many types of wills to choose from in Texas, making it all the more important to select the most appropriate type of will when planning for your future.

Keep reading to learn more about the various types of wills available to Texans and their families.

What Is a Will?

A will is a legal document that sets forth an individual's wishes regarding the distribution of their property after death. Wills are a key component during the probate process, the court-supervised process to verify the authenticity of the will and approve it as the true last testament of the deceased.

The personal representative (“executor”) named in the will is given legal authority by the court to administer the estate. This includes tasks such as gathering the deceased's assets, paying debts or taxes, and distributing the remaining property as specified in the will.

Keep in mind that not all assets are subject to the probate process—only assets owned solely by the deceased usually go through probate. In most cases, jointly owned assets or those with designated beneficiaries, such as life insurance policies and retirement accounts, aren’t required to go through probate in Texas.

Although probate offers a standardized means to ensure the orderly distribution of assets, it can also be a lengthy and costly process, often lasting anywhere from several months to a year or longer. The efficiency of the probate process is typically dependent on unique factors, including the size and complexity of the estate, the efficiency of the executor, and whether there are any disputes over the will.

Types of Wills in Texas

There are various wills that Texans can choose from when planning their estate. State law recognizes several types of wills, each serving different purposes depending on your unique circumstances. These include:

• Holographic Wills – These are handwritten wills that are written and signed by the testator. Witnesses aren't required for holographic wills in Texas, but they must be entirely in the testator's handwriting.
• Simple Wills – This is the most common type of will. Simple wills are typically typewritten and can include provisions for asset distribution, appointing an executor, and guardianship.
• Wills with Testamentary Trusts – These wills establish a trust that comes into effect upon the testator's death, allowing for asset management and distribution to beneficiaries over time.
• Pour-Over Wills – These wills work in conjunction with living trusts, allowing assets not already in the trust to "pour over" into the trust upon the testator's death.
• Reciprocal Wills – Also known as "mirror wills," these are nearly identical wills made by spouses, leaving their assets to each other and then to the same beneficiaries.
• Joint Wills – This type of will is created and signed by multiple parties, often spouses, and is binding on all parties. It is less common due to its inflexibility.
• Contractual Wills – These wills are made as part of a contract between the testator and another party, such as a caregiver or a charitable organization.
• Electronic Wills – Texas allows for the creation of electronic wills, which are executed and stored electronically in compliance with specific legal requirements.
• Living Wills – Also known as advance directives, living wills express an individual's medical treatment preferences if they become incapacitated and cannot communicate their wishes.

Legal Requirements for a Valid Will in Texas

In Texas, specific legal requirements must be met to establish a valid will. The person making the will (“testator”) must be at least 18 years old, of sound mind, and under no undue influence or duress. The will must be written and signed by the testator or another person at the testator's direction and in their presence. It also must be attested by at least two credible witnesses over the age of 14 who sign the will in the testator's presence.

Do All Wills Have to Go Through Probate?

Probate is the legal process of administering a deceased person's estate, including validating the will (if there is one), identifying and inventorying assets, paying debts and taxes, and distributing the remaining assets to beneficiaries or heirs. While not every will is legally required to go through probate in Texas, the necessity for probate depends on the type of assets involved, their value, and how they are titled.

In Texas, some assets may pass outside of probate and directly to beneficiaries, bypassing the probate process. Generally, these assets include:

• Jointly Owned Assets – Assets held in joint tenancy with rights of survivorship or as community property with rights of survivorship will pass directly to the surviving joint owner.
• Assets with Beneficiary Designations – Certain assets, such as life insurance policies, retirement accounts (e.g., 401(k)s, IRAs), and payable-on-death (POD) or transfer-on-death (TOD) accounts, allow the account holder to designate beneficiaries. These assets go directly to the named beneficiaries upon the account holder's death.
• Assets in Living Trusts – Assets held in a revocable living trust generally avoid probate because the trust continues to exist after the grantor's death. The successor trustee can manage and distribute the assets according to the trust's terms.
• Small Estates – In Texas, estates with a total value of $75,000 or less (excluding homestead and exempt property) may qualify for a simplified probate procedure called “small estate affidavit.” This process is generally more straightforward and faster than regular probate.

If the decedent's estate includes assets that exceed the total value of $75,000, probate is likely required. During probate, the court oversees the administration of the estate to ensure the deceased person's debts are settled and their assets are distributed according to the terms of the will (or intestacy laws if there is no valid will in place).

It's imperative to consult with a trusted Texas probate attorney to understand how your assets will be distributed upon your passing and whether probate will be required. Proper estate planning can help Texans utilize strategies to minimize the assets to undergo probate and simplify the process for their loved ones following their death.

5 Advantages of Having a Will in Texas

Having a will can offer many advantages to Texans and their loved ones. Some common benefits of having a will in place include:

1. Enhanced control over your estate and assets. You decide who gets your assets and property.
2. The ability to protect any minor children. You can name a guardian for your minor children.
3. The power to appoint an executor. You can nominate a trusted person to manage your estate.
4. The ability to keep familial conflict to a minimum. By clearly stating your wishes, you can help prevent potential disputes among family members.
5. The opportunity to restore your peace of mind. Knowing that your affairs are in order can give both you and your loved ones peace of mind, closure, and clarity moving forward—no matter where life takes you.

Having a will is essential regardless of the stage of life you’re in. Understanding the different types of wills available can help you make an informed decision about what's best for you and your loved ones.

Compassionate Advocacy in Life’s Toughest Seasons

It can be challenging to prepare for a future without you in it. Still, it's essential for Texans to take the necessary legal steps to safeguard their estate and ensure their loved ones are cared for following their death. At Crain & Wooley, our exclusive focus on estate planning empowers our compassionate attorneys to serve Texas families throughout DFW, helping them put a plan in place to protect their assets and care for loved ones. From tax planning to retirement planning, our trusted advocates have the in-depth knowledge to ensure that your hard-earned assets and family members remain protected for many years to come.

It can be hard to plan for the future. Our compassionate lawyers can restore your peace of mind. Call (972) 945-1610 to schedule a consultation.

What Happens to an Irrevocable Trust When the Grantor Dies?

It’s no secret that estate planning can be a confusing area of U.S. law. From choosing a will to tax planning, preparing for and understanding the probate process can be overwhelming for many Texas families.

While it can be easy to assume that trusts are only necessary for wealthy or influential people, this isn’t true. A trust is an invaluable mechanism when it comes to Texas estate planning. It’s important to understand the types of trusts available to make the best decisions for yourself, your estate, and your loved ones during the estate planning process.

What Is an Irrevocable Trust?

An irrevocable trust is a type of trust that cannot be changed, modified, or revoked without the permission of the beneficiary or beneficiaries. This takes effect as soon as the trust is established by the “grantor” or creator of the trust. In other words, once the grantor transfers assets into an irrevocable trust, they effectively give up any right of ownership to those assets and the trust itself.

How Irrevocable Trusts Work in Texas

An irrevocable trust functions by transferring assets from the grantor's estate into a new legal entity (the trust). The trust then becomes the legal owner of the assets. The grantor will then appoint a trustee, who will have the fiduciary duty to manage the trust assets in the best interest of the beneficiaries as outlined in the terms of the trust.

Role of Grantors, Trustees, & Beneficiaries in Texas Trusts

Executors and trustees play different roles in estate planning that rarely overlap. While an executor is typically appointed in a will to manage the decedent's estate after their death, a trustee manages assets placed in a trust for the beneficiaries.

Can an irrevocable trust be modified or revoked after the grantor passes away? Understanding the roles of the executor, trustee, and beneficiaries is vital in comprehending the post-death process. Consider this brief overview of the various roles involved in irrevocable trusts:

The Grantor

The grantor of an irrevocable trust, also called the trustor or settlor, is the person who creates the trust. They establish the terms of the trust, including who the beneficiaries are and what assets are included.

In irrevocable trusts, grantors transfer assets and relinquish all rights of ownership to those assets, meaning the grantor no longer has control over them and cannot make any changes or amendments to the terms of the trust without the permission of the beneficiaries.

After the grantor's death, the assets in the trust are managed or distributed by the trustee according to the terms set out by the grantor in the trust document.

The Trustee

In an irrevocable trust, the trustee plays a vital role in managing and administering the trust assets to benefit the beneficiaries. The trustee is a fiduciary, meaning they are legally obligated to act in the beneficiaries' best interests and uphold the trust's terms and intentions.

Generally, the trustee’s responsibilities include asset management, distributing trust assets appropriately, keeping detailed and accurate records of all accounts and transactions, ensuring compliance with applicable tax laws, making investment decisions to preserve and grow the trust’s assets, treating all beneficiaries fairly and impartially, and complying with all state and federal laws to avoid any conflicts of interest.

When the grantor of the irrevocable trust passes away, the role of the trustee becomes even more crucial. Following the grantor’s death, their legal obligations can expand to include additional steps, such as:

• Notifying beneficiaries of the grantor's death and their status as beneficiaries
• Gathering necessary documents, such as the grantor's death certificate and any probate documents
• Settling the grantor's outstanding debts and taxes before distributing assets to beneficiaries
• Ensuring that the trust assets are appropriately titled and transferred to the intended beneficiaries

It's critical for trustees to seek sound counsel from a Texas trust attorney if they’re uncertain about any aspect of their duties after the grantor's death. The proper administration of Texas trusts is essential to protect the interests of the beneficiaries and fulfill the grantor’s wishes after they pass away.

The Beneficiary

A beneficiary in an irrevocable trust is the person or entity set to receive the benefits or assets from the trust. These benefits can include income from the trust's assets, property, or other forms of wealth as outlined in the trust agreement. Generally, the role of “beneficiary” includes:

• Receiving distributions –The primary role of a beneficiary is to receive distributions from the trust as specified in the trust agreement. This may include regular income payments, specific assets, or lump-sum distribution.
• Having the right to information –Beneficiaries have the right to be informed about the trust and its administration. They can request information on the trust's assets, terms, and how the trustee is managing the trust.
• Enforcing the trust –If the trustee does not manage the trust properly or fails to make distributions as the trust document directs, beneficiaries have the right to take legal action to enforce the terms of the trust.

Irrevocable Trusts: What Happens When the Grantor Dies?

Upon the grantor's death, the trustee continues managing the irrevocable trust or distributes the assets according to the trust’s terms. Unlike a will, an irrevocable trust avoids probate, often expediting the asset distribution process and making it an appealing option for some families.

When the grantor of an irrevocable trust passes away, the following steps and procedures are generally followed:

• Notification of death. The executor or a designated representative is responsible for notifying the trustee and beneficiaries about the grantor's passing.
• Obtaining the death certificate. The trustee will require a certified copy of the grantor's death certificate to prove their passing.
• Trust administration. The trust document outlines the specific instructions for trust administration. The trustee will take charge of managing and distributing the trust assets according to the terms outlined in the trust agreement.
• Inventory of trust assets. The trustee will conduct an inventory of all assets held within the trust, including real estate, investments, bank accounts, and personal property.
• Valuation of assets. The trustee may find it necessary to obtain professional appraisals to determine the fair market value of certain assets, especially if the trust requires equal distributions to beneficiaries.
• Notifying creditors. The trustee should publish a notice to potential creditors, allowing them a specific period to make claims against the trust for any outstanding debts owed by the grantor.
• Settling taxes and debts. The trustee must settle any outstanding debts, including taxes owed by the grantor or the trust, before distributing assets to beneficiaries.
• Asset distribution. Once all debts and taxes are settled, the trustee will distribute the trust assets to the beneficiaries as per the terms outlined in the trust document.

Turn to a Trusted Texas Probate Attorney

Our experienced trust attorneys proudly provide wise and compassionate representation to Texas families in the Dallas-Fort Worth area. We understand how emotional and complicated estate planning can be, which is why our firm is committed to helping our DFW neighbors navigate the complexities of probate law.

At Crain & Wooley, our seasoned lawyers fight to give Texas families the closure, clarity, and healing they deserve. From trusts to estate planning to wills, our compassionate lawyers have the comprehensive knowledge to guide your legal steps with wisdom and integrity, empowering families to maintain their peace of mind no matter what life throws their way.

Contact us online to learn how our experienced firm can help preserve your hard-earned assets and ensure your estate is handled according to your wishes.

Estate planning is necessary to ensure your loved ones are well provided for after your passing. The situation can become more complex when it comes to bequeathing assets to minors, as they do not have the legal authority to manage assets. It’s important to take proper considerations into account when including children in your estate plan, as well as the various strategies available to safeguard their best interests and secure their financial future.

RELATED: 5 Costly Estate Planning Mistakes to Avoid

Here is what to consider when bequeathing assets to minors in your estate planning.

Establishing a Trust

Creating a trust is an effective option to protect the assets of minors. A trust allows you to appoint a trustee responsible for managing the assets on behalf of the minor until they reach a predetermined age or meet certain conditions. A Revocable Living Trust keeps assets in your ownership, and only transfers to your beneficiaries upon your death. With a Trust, you specify terms to suit your wishes and meet your beneficiaries' needs, including setting up a distribution timeline, or planning for health and living expenses.

Custodial Accounts

One of the primary concerns when bequeathing assets to minors is the age at which they will gain control over their inheritance. In most states, the age at which minors can receive inheritance - called the age of majority - is 18, including Texas. You can leave your assets to your children or other minors before they turn 18, but if you pass away while they are still under the age of majority, they will need a custodian to manage those assets. One way to set this up is through custodial accounts, such as the Uniform Transfers to Minors Act (UTMA) or Uniform Gifts to Minors Act (UGMA) accounts. Your custodian will have the legal authority to make decisions about the assets until the minors come of age and can make appropriate decisions about their inheritance.

While custodial accounts offer a simpler alternative to trusts, they have some limitations. For instance, once the minor reaches the age of majority, they gain complete control over the assets, regardless of their financial maturity. Additionally, custodial accounts may have an impact on the minor's eligibility for financial aid when applying for college.

Conservator Guardianship

In cases where you don’t appoint a custodian, the court will appoint a conservator to manage the assets. While this option involves court supervision and added expenses, it is required if minors don’t have a designated custodian.

Speak with an Estate Planning Attorney

Managing your estate can be overwhelming, especially when considering your children's and other minors' well-being. When starting your estate planning it is best to contact an experienced attorney to help you make the right decisions for your and your family’s future. The team at Crain & Wooley has years of experience helping families plan for the unexpected and prepare strong legal strategies for their future.

Contact us at (972) 945-1610 and visit us online to learn what we can do for you.

Traditionally – across America and even going back to centuries-old English law – Letters Testamentary have always been the ultimate authority from a court so that an executor can settle a decedent’s estate.

Modern Texas law has attempted to create other probate processes that can sometimes be used to settle an estate. However, the reality is that these “shortcuts” haven’t provided the “easy probate process” that clients hope for. We’re seeing more and more instances where financial institutions are refusing to accept anything other than the traditional Letters Testamentary. Here are some of the non-traditional probate processes that are provided for under Texas law, but aren’t consistently accepted by institutions holding the decedent’s property:

• Muniment of Title: If there is a valid will and the estate has no debts, sometimes this process can be used to settle title to some property without the full administration required with Letters Testamentary. While this process has previously been used to successfully transfer Texas real estate, there are no guarantees that it will be accepted by a title company for real estate transfers. It is very unreliable to transfer out-of-state real estate and/or any assets with financial institutions.
• Determination of Heirship without Administration: If there is no valid will and the estate has no debts, sometimes this process can be used to settle title to some property without the full administration required with Letters of Administration. This process has previously been used to successfully transfer Texas real estate, but there are no guarantees that it will be accepted for settling title on out-of-state real estate and/or any assets with financial institutions.
• Small Estate Affidavit: If there is no valid will, the estate is worth less than $75,000, all heirs will actively participate in agreement, and the estate is not in debt, sometimes this process can be used. Generally it can be done with no hearing and no administration, so it sometimes saves cost and time requirements. However, not all title companies or financial institutions will accept a judge’s order on a Small Estate Affidavit. Additionally, because the requirements are so strict, if new information is discovered during the process, there is a chance that the estate might not be able to be settled by a Small Estate Affidavit and we might have to start over with a Determination of Heirship with Administration.
• Affidavit of Heirship: Sometimes, if the decedent’s date of death is more than 4 years ago, some institutions will accept an Affidavit of Heirship to transfer property to the heirs at law. Those heirs will have to sign off on any sale of real property. This option is the least legally sound, but satisfies the requirements of some private institutions that hold the decedent’s property.

Multiple factors have contributed to more and more unpredictability when it comes to settling a decedent’s estate. Do not assume that information from your neighbor or co-worker or cousin about their experience with probate will be the same as yours. It’s very important that you talk with an experienced probate attorney to determine the best way to achieve the best resolution for your specific situation.

For any probate process, there are many unknowns and no guarantees. Courts often change their processes (sometimes without notice), judge’s opinions are the prevailing opinions, and third parties can cause delays and complications that are unexpected. 

Contact us at (972) 560-6288 to see how we can help you plan your estate and avoid probate courts.