FAQs
Find answers to common questions about probate, estate planning, wills, trusts, guardianship, powers of attorney, and other estate matters in Texas.
When should I contact an estate planning attorney?
It’s best to begin estate planning before an unexpected illness or life event occurs. Planning early allows you to make important decisions about your assets, healthcare, and family while you can still do so.
Do I need both a will and a trust?
Not everyone needs a trust, but everyone should consider having a will. Depending on your assets, family circumstances, and goals, a trust may provide additional benefits, including avoiding probate for certain assets.
What happens if someone dies without a will in Texas?
When a person dies without a valid will, Texas law determines who inherits the estate. The probate court may appoint an administrator to handle the estate and distribute assets according to state law.
Can probate be avoided?
Some assets can pass outside of probate through living trusts, payable on death accounts, transfer on death deeds, or other estate planning tools. The best approach depends on your specific situation.
How often should I update my estate plan?
Review your estate plan every few years or after major life events such as marriage, divorce, the birth of a child, the death of a beneficiary, or significant changes in your financial situation.
What is the difference between an executor and a trustee?
An executor administers an estate after someone passes away, while a trustee manages assets held in a trust according to the trust’s terms. Although the roles are similar, they have different legal responsibilities.
What does a power of attorney allow someone to do?
A power of attorney allows a trusted person to make financial or medical decisions on your behalf, depending on the type of document you create. The authority granted can be broad or limited to specific responsibilities.
When is guardianship necessary?
Guardianship may be appropriate when an individual is unable to manage personal or financial affairs and no less restrictive legal alternative is available. Texas courts carefully review every guardianship request before approving it.
How long does the probate process usually take?
The timeline depends on the complexity of the estate, the type of probate required, and whether disputes arise. Some cases are completed within a few months, while others may take longer.
Why should I work with an estate planning attorney instead of using online forms?
Estate planning documents should reflect your specific circumstances and comply with Texas law. Working with an experienced attorney helps reduce mistakes, avoid unnecessary legal issues, and ensure your wishes are properly documented.
Speak With a Texas Probate Attorney Today
If you are dealing with probate administration, a contested will, or an estate dispute, early legal advice protects your position.
Consultations are confidential.
