Wills and Probate Law Blog

There are some proceedings available in Texas to deal with "small estates" in situations where the size of the estate simply does not warrant full-blown probate.  One of those is the "small estate affidavit" procedure available under Section 137 of the Texas Probate Code (the "Code").  This procedure allows the collection of small estates by making an affidavit and following the procedures under the Code, thereby dispensing with the administration of... Read More

The things that should be considered in the selection of fiduciaries (persons or entities that will serve as executor, trustee, agent, etc.) in a Will is often overlooked, or viewed as so routine as to not even be discussed.  The planners (often attorneys) routinely suggest that spouses should just name each other as first named executors, trustees and agents with little, if any, thought as to whether the surviving spouse is well suited to those roles.  Because fiduciaries... Read More

You may have seen advertisements telling you to consider a "living trust" as an alternative to the Texas probate system.  People "hawking" the living trust use a simple scare tactic.  If you go into probate court in Texas, you may not come out alive.  Don't be fooled.  Texas has many alternatives for the settlement of a deceased person's estate.  Most often, we use the "independent administration" procedure for probating a Will. ... Read More