The Reecer Law Firm

Texas Estate Planning & Probate Law

Archives for June 2022

Do Wills Have to be Probated in Texas?

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Probate is the legal process whereby the probate court reviews a will to determine its validity and authenticity. After determining the will is valid, the probate court oversees the division of assets to be sure the distribution is done according to the wishes of the decedent.

A Will Must be Submitted to Probate for Asset Distribution

Probated Wills in Texas

If a person leaves a will, and it is not admitted to probate within four years of the person’s death, the state could treat the person as having died intestate, meaning without a valid will, and distribute the assets according to state law.  While there are ways to probate a will after four years, to do so is more costly and the outcome is uncertain.

According to Texas law, “a will is not effective to prove title to, or the right to possession of, any property disposed of by the will until the will is admitted to probate.” A key phrase here is “property disposed of by the will…” There are other ways to “dispose of property” other than through a will.

If you made provisions for the transfer of all your property outside of a will, then there may be no need for probate after you die.

Assets That Pass to Beneficiaries Without Going Through Probate

If you plan ahead and work with an estate planning attorney, there are tools you can use so that you can leave your assets to specific people outside of a will. When you do this, the assets are transferred upon your death and there is no need for your heirs or beneficiaries to go through a lengthy and sometimes contested probate process.

Some ways to avoid probate are:

  • Establishing a living trust. If all assets are transferred to the living trust before your death, probate can be avoided.
  • Making bank accounts “payable on death” to a designated beneficiary.
  • Owning property with another person as joint tenancy with the right of survivorship.
  • Life insurance proceeds designated to the named beneficiary.
  • Survivor’s benefits from annuities.
  • Retirement accounts that name a beneficiary.

Contact the Reecer Law Firm PLLC for Assistance

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is one of just a few Texas attorneys who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Contact the firm for more information about how you can use estate planning tools so that your heirs can avoid a lengthy and costly probate process.

Your Top Priority: Setting Up an Estate Plan

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Many people believe they must have millions of dollars in assets and investments to need an estate plan, but that is not true. Anyone who wants to ensure that their spouse and/or children receives their assets when they pass away should think about establishing an estate plan.

Understanding Texas Estate Planning, Wills, Trusts, Powers of Attorney, and More

Estate Planning

To begin the estate planning process in Texas, you will need to prepare some important documents that will empower others to carry out your instructions. The following are some of the most common documents a good estate planning or probate law attorney can help you with:

  • A Will. A Will outlines how you wish for your assets to be distributed upon your death and who they will be distributed to. If you have minor children, you can also designate a guardian who will care for them if they do not have a surviving parent after you’ve passed. Upon your death, a Will is generally submitted to the probate court, which will admit your Will to probate and give your Executor the authority to carry out the terms of your Will.
  • A Trust. A Trust is a fiduciary agreement in which you (the Grantor) transfer your assets to the Trust during your lifetime and designate a Trustee (yourself or a third party) to control those assets during your lifetime and to administer the Trust after your death in order to distribute the Trust assets to your family or friends (the Beneficiaries). A Trust allows you to pass assets to your Beneficiaries by avoiding probate, saving costs and time. Further, there are generally tax benefits for your heirs who receive assets through a Trust.
  • Statutory Durable Power of Attorney. A Statutory Durable Power of Attorney (also called a financial power of attorney) authorizes someone to make financial decisions on your behalf during your lifetime if you are unable to make those decisions on your own.
  • Texas Medical Power of Attorney. A Texas Medical Power of Attorney is a statutory form that authorizes someone to make medical decisions on your behalf during your lifetime if you are unable to make those decisions on your own.
  • An Advance Directive or Living Will. An Advance Directive memorializes your intent that you be kept comfortable, free of pain, and hydrated but allowed to pass away naturally if you are in a permanent vegetative state.

What Happens if You Die Without a Plan?

The legal term for dying without a Will or Trust is dying “intestate.” If you die intestate, any assets that do not have a beneficiary designation will pass to your Heirs-at-law, determined according to Texas law. Texas does not allow for oral Wills – your wishes must be written down. If you die intestate, the probate court will need to determine who your Heirs-at-law are and appoint an Administrator to distribute your assets to your Heirs-at-law, pay any debts, and wind up your affairs. If it is important to you to control who benefits from your estate, then having an estate plan in order should be a top priority.

For assistance with estate planning, probate law, and other matters related to Wills and Trusts in the Denton and DFW area, contact our attorneys at The Reecer Law Firm, PLLC. Dena A. Reecer, principal and founder, has been Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization since 2008 and has decades of experience in helping clients carry out their final wishes.