Learn About Estate Planning Strategies for Helping Your Family Avoid Probate Court

We have all read the horror stories in the newspaper about some family of an oil tycoon who died without a Will and everyone is fighting over the money and who gets what. Goodness me, it can be a real life soap opera!

This is what happens when families are forced to navigate the Texas probate process without guidance from their loved one. But, even with guidance, the probate process can still be long, costly, and contentious. Once a court appoints a personal representative, this is just the beginning of the process. As a result, it is best to help your loved ones avoid probate while you can—and this starts with seeking legal guidance from an experienced Houston probate alternatives attorney.

An Experienced Houstomn Probate Alternatives Lawyer Can Help You Avoid Probate

The truth is that everyone can take steps during their lifetime that will avoid the need for probate Court entirely. What you need is a probate attorney who will help you avoid probate in Texas. New developments in Texas probate law have allowed for unparalleled control by individuals over what happens to their property after they die. You can take steps before you die in order to designate who gets what (and in what percentages).

However, if there was no Will and you are faced with an issue that prevents you from being able to go forward in probate Court, then there are still some alternatives as a last ditch effort to legally solve your problems.‍

Alternatives To Probate

Probate is formal legal process, and probate disputes are not uncommon. It involves administering a deceased person’s estate in a state court that specifically handles probate matters. From court filings to court schedules, and from contested wills to disputes over the contents of the decedent’s probate estate, numerous issues can lead to disputes once family members start probate. This leads to the need for an experienced probate attorney who is familiar with Texas law, and who can provide assistance in light of the particular situation at hand.

As a result, many people will avoid probate, if at all possible, attempting to sidestep the lengthy court process and many procedures. While a valid will is an important estate planning tool, it is not sufficient to avoid probate. At Law Office of Troy M. Moore, PLLC, we assist individuals in understanding their options in avoiding probate and handling the estate in other manners.

Texas offers some main alternatives to formally going through probate in a Houston probate court. As your trusted resource for probate law, we are here to help. See what follows below.‍

Affidavit of Heirship:

When an individual dies without leaving a will, but real estate must be disbursed to heirs and survivors, those heirs can file an affidavit of heirship with the county in which the real estate lies. Two witnesses must sign the affidavit, both having known the decedent, but neither standing to gain on the transfer. By filing the affidavit of heirship, the chain of title is linked to the heir, and he or she is now cleared to sell the land if so chosen.‍

Small Estate Affidavit:

The small estate affidavit is very much like the affidavit of heirship, but in addition to the two witnesses who stand to gain nothing, the affidavit must be signed by all heirs. After this, the ownership will transfer to the heir filing the affidavit. This is only available for estates under $75,000 in assets, including bank accounts and other financial accounts and funds. The hours does not count toward the $75,000.

Revocable Living Trust:

These trusts are set up in advance of death, and the grantor has the flexibility to change the conditions and terms of the trusts as many times as he or she chooses. When the grantor passes, the trust will pass in the estate, according to the more recent terms.‍

Transfer on Death Deeds (or TODD’s, for short):

You can file a Transfer on Death Deed, or a TODD, as it is commonly referred to in the legal world. A Texas transfer on death deed is a revocable deed of the real estate to the next person in line, but the property transfer does not actually occur until the current owner dies. These are nice because the current owner can still maintain their tax exemption up until the time they die, and still maintain ownership, while being able to avoid probate in the end. These are revocable and must be on file at the time of death. More information on Transfer on Death Deeds can be found here.‍

Joint Bank Accounts

Bank accounts that are joint bank accounts almost always have a “right of survivorship” for the other account holder. These bank funds pass automatically to the other account holder at the time of death. There is no need for probate of a joint bank account with right of survivorship. Any Texas probate attorney “near me” can tell you that.‍

Bank Accounts with a Payable on Death (POD) or Transfer on Death Beneficiary (TOD)

You can set up any account at a financial institution to have a “payable on death” or “transfer on death” beneficiary designation. This means that whoever you designate will not have to go through probate Court to get the money from the account after you pass away. The beneficiary merely shows the banker the death certificate for the account holder and then the bank will turn over the funds in the bank account to the individual named as beneficiary.‍

Vehicle Beneficiary Designation

The State of Texas has a form for designating a beneficiary for your car! Can you believe it? How convenient! You can download the Beneficiary Designation for a Motor Vehicle form from the Texas Department of Motor Vehicles here.

Estate Administration: Administering Your Loved One’s Estate Outside of Probate in Harris County, TX

Along with helping individuals avoid probate, we also provide legal representation for probate and estate administration following a loved one’s passing. If you need a Houston probate alternatives lawyer, we can guide you through the process of administering your loved one’s estate. When the deceased developed an estate plan focused on probate avoidance, for his or her executor or administrator, this generally involves:

1. Pay Debts

Any debts owed at the time of the decedent’s passing must generally be paid as part of winding up the estate’s affairs. This includes unsecured debts as well as debts attached to real estate and personal property, and the decedent’s personal representative should work with an experienced attorney to provide all necessary creditor notifications.

2. Distribute Assets

After paying debts as required, the next step is to transfer property from the estate to the decedent’s designated beneficiaries. In some cases, the decedent’s remaining assets will be distributed to named beneficiaries immediately. In others, estate administration may be an ongoing process, with a lawyer needed to advise the decedent’s personal representative or trustee going forward.

3. Close the Estate

The final step after a loved one’s death is to close the estate. In complex cases, this can more involved, while in cases involving limited assets it can be a fairly straightforward process. In all cases, it is important for the person responsible for winding up the estate’s affairs to make informed decisions based on sound legal advice.

We Offer Estate Administration Services at Flat Fees for Houston Families

We offer flat fee probate services and other estate administration services for Houston families. From administering a deceased spouse’s estate to managing other family members’ final affairs, we can provide guidance every step of the way. To learn more about our attorney fees in these cases, contact us today. Additional fees apply in some cases.

Discuss Your Options with an Experienced Houston Probate Alternatives Attorney

From using life insurance policies and retirement accounts to avoid probate to filing probate applications and dealing with last will and testament disputes involving allegations of undue influence, we can assist regardless of what your specific needs may be. Contact us to arrange a free consultation today.