Texas probate has a reputation for being reasonably lower in cost and time relative to most states. However, there are many items to consider.

First, would you rather go to court or bypass court?Most prefer the latter.

Second, would you rather pay attorneys or not pay attorneys for the probate process?Most prefer the latter.

Third, just because the probate system may seem manageable today, there is no guarantee the rules, timelines, or costs will remain the same in the future.

As a result, the goal of estate planning is often to avoid probate altogether when possible. It usually means spending a little time and money now to help your heirs avoid higher costs, court involvement, and unnecessary stress later.

No problem. If you die without a will (intestate) in Texas, your assets will be distributed to your closest relatives under the state’s “intestate succession” laws. I won’t go into those in detail because if you are inheriting under intestacy, then you can ask your attorney, and they will explain it to you. Needless to say, it’s far better for you to decide who inherits your assets rather than have state law decide it for you.

A will is as a document of your wishes for leaving your assets at your death. Wills in Texas must be probated through the court system. A will can cover many of your assets, but probably not all of your assets, such as non-probate assets.

For example, joint bank accounts and/or joint investment accounts, and accounts with properly established beneficiary designations (investment accounts, life insurance, & retirement accounts) will likely pass outside of your will and outside of probate.

So,you must have your titling and beneficiary designations on ALL of your accounts set up so that they are part of your total estate plan. Often times people have their wills set up with certain intentions in mind, but some of those intentions become wasted effort as certain other accounts bypass that will and probate. These mistakes are easy to make and are very common.

It’s basically a legal arrangement made during your lifetime that you (or your spouse) can revoke, that gives the trustees control of the assets in the trust, subject, of course, to the terms of the trust, for the benefit of the beneficiaries.

You are typically the beneficiary of your own trust during your lifetime, and then your kids (for example) will become the beneficiaries once you have passed away. When properly funded, a living trust can avoid probate, thereby saving your estate money and saving your heirs from unnecessary stress and headaches.

Maybe.

For example, assume you have two children, but only one child is listed as a joint owner on a bank account that holds most of your assets. At your death, that child becomes the sole owner of the account. There is no probate, and the other child receives nothing from that account.

This is one of the most common, and unintentional, inheritance problems families face.

One of the biggest problems with DIY (Do-it-yourself) estate planning software is that you have to get it notarized, but most banks and real estate offices refuse to notarize estate planning documents, even if you’re a loyal customer of such a bank. Unfortunately, this often leaves people with documents that cannot be properly executed.

One of the great problems with DIY software is that the client (you) becomes insecure and scared that they’re not doing it right. They have no unbiased 3rd party to ask the tough questions. They’re spending hours upon hours trying to get it right, but they never get the confidence they so desperately need.

While DIY documents may work for very small, simple estates, many people benefit from professional guidance to gain clarity and confidence.

Nope. Probably not.

You’ll probably have to go through probate in both TX and CA. Talk about headaches. I have clients with rental properties or vacation homes in 3 or 4 states. If they don’t get everything set up properly, then they could be looking at 3-4 different probate processes in 3-4 different states, all simultaneously. While their kids will be happy to inherit those properties, it will likely create undue stress that could have easily been avoided.

Your brother may be excellent at estate planning, but the opposite case may well be true. There’s a decent chance that you may not get all the advice and coaching that you deserve. There are many questions thatshould be asked of the client, and many instructionsthatwill aid in the funding of your living trust.

There are suggestions like how to store the documents, who to tell about the documents, immediate access points like Docu Bank, etc., that even an attorney may miss (not because they’re not brilliant, but because they may not draft estate planning documents, but once in a blue moon).

Even skilled attorneys can miss these steps if estate planning is not a routine part of their work.

It depends on the state.

In Texas, a car does need to be probated, but there may be exceptions, such as the Affidavit of Heirship, and also for cars that are owned by a Living Trust. Speak to your lawyer for further information.

In many cases, the answer is yes.

Why? Because you probably don’t have a beneficiary designation established on the deed to your house. So that has to be probated in that case. You probably have jewelry and furniture, and that needs to be probated because it’s valuable to someone, most likely.

Further, beneficiary designations don’t come into play until you’re dead, but someone (your trustee) may need access to your assets BEFORE you’re dead, i.e., in the case of incapacity due to a stroke, coma, or Alzheimer’s. So in the absence of a trust, you’ve got problems without solutions.

Why risk it? You can get a living trust set up for just an extra $200 with Attorney Mike Massey in Austin, TX, who drafts affordable wills and living trusts for your estate planning needs.

Yes, you can achieve this through an Advance Directive, also known as a Living Will. It basically states that if you’re in either a terminal condition or an irreversible condition, both of which will result in death, then you’ve chosen to either (1) be kept comfortable or to (2) instead utilize all available life-sustaining treatment.

Here is some of the partial verbiage. (1) I request that all treatments other than those needed to keep me comfortable be discontinued or withheld, and my physician allow me to die as gently as possible; OR (2) I request that I be kept alive in this terminal condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE).

Most college students want their parents’help in a medical emergency. This is why parents’ names and phone numbers appear right on the I.C.E. card. So that the family can be contacted right away.

Also, whenever a hospital uses the student’s I.C.E. card to obtain the student’s HIPAA release, the parent receives an immediate alert from DocuBank. This alert gives the parent the hospital’s phone number so they can call directly and find out what’s happening with their child, getting answers, rather than the Silent Treatment.

The I.C.E. card tells medical personnel how to obtain the student’s HIPAA release (or other healthcare directives) on file with DocuBank. With this release, the hospital is free to share information about the student’s condition when parents call – without fear of violating the federal healthcare privacy law (HIPAA)

In addition, with the I.C.E. card, the hospital sees a student’s allergies and important medical conditions right on the card – so that medical professionals can provide the most appropriate treatment immediately.” Source: Docubank. http://www.docubank.com/index.cfm?event=collegecard

An estate plan should be reviewed every few years or whenever a major life change occurs. Common triggers include marriage, divorce, the birth of a child or grandchild, purchasing property, starting a business, or moving to another state. Laws also change over time, which can affect how documents operate. Regular reviews help ensure your plan still reflects your wishes and works as intended.

If both parents pass away, a court will appoint a guardian for minor children unless a guardian is named in an estate plan. While judges try to act in the child’s best interest, they may not choose the person you would have preferred. Proper planning allows parents to name guardians and provide financial guidance, helping reduce uncertainty and family conflict during an already difficult time.

Yes. Estate planning is not just about death. Documents such as powers of attorney and living trusts allow someone you trust to manage financial and legal matters if you become incapacitated. Without these documents, your family may need court approval to act on your behalf, which can be time-consuming, costly, and emotionally draining during a medical crisis.

Many people believe estate planning is only for those with significant assets, but that is not true. Even modest estates can create complications without proper planning. Estate planning helps address healthcare decisions, financial authority, guardianship for children, and the orderly transfer of personal property. It also reduces confusion and stress for loved ones, regardless of estate size.

Some online forms may be legally valid if executed correctly, but that does not mean they are appropriate for every situation. Many people discover problems only after documents are signed, such as missing provisions, incorrect execution, or documents that do not work together. Online forms also provide no guidance on funding trusts or coordinating beneficiary designations, which are critical steps.

Probate avoidance focuses on keeping assets out of court, often through tools like living trusts or proper asset titling. Probate planning, on the other hand, prepares for an efficient probate process if probate is unavoidable. Both approaches can be part of a comprehensive estate plan. The right approach depends on asset types, family dynamics, and long-term goals.

Yes. Clear estate planning reduces misunderstandings and resentment by outlining your wishes in writing. When instructions are vague or missing, family members may disagree about intentions, leading to conflict or legal disputes. A well-structured estate plan provides clarity, direction, and accountability, helping families focus on healing rather than disagreements during an emotional time.