Why Every Texan Should Consider Wills, Trusts, and Probate Avoidance
Estate planning isn’t just for the wealthy—it’s for anyone who wants to protect their family, their assets, and their legacy. Whether you own a home, a business, or a savings account, having a well-crafted estate plan ensures your wishes are honored and your loved ones avoid unnecessary stress and expense after your passing.
The Role of a Will
A Last Will and Testament is the cornerstone of most estate plans. It allows you to:
Designate who receives your assets.
Name guardians for minor children.
Appoint an executor to manage your estate.
However, in Texas, a will must go through probate—a court-supervised process confirming its validity and authorizing distribution of your property. While Texas probate is generally more streamlined than in other states, it can still be time-consuming, public, and costly depending on the complexity of the estate and any disputes that arise.
How Trusts Help You Avoid Probate
A revocable living trust (sometimes called an “inter vivos trust”) is a powerful tool for probate avoidance. When assets are transferred into a properly funded trust during your lifetime, those assets are no longer considered part of your probate estate—they pass directly to your named beneficiaries upon your death, without court involvement.
Key benefits of using a trust include:
Privacy: Unlike a will, a trust is not filed with the court.
Speed: Beneficiaries can receive assets immediately after death.
Control: You can set conditions—such as staged distributions or age-based milestones—for how and when heirs receive their inheritance.
Continuity: If you become incapacitated, your successor trustee can manage the trust assets seamlessly, avoiding the need for guardianship proceedings
Common Misconceptions About Probate and Trusts
“I don’t need a trust because I don’t have much money.”
Even modest estates can benefit from avoiding probate, especially when real property, blended families, or multiple heirs are involved.“A will avoids probate.”
A will guides the probate process; it doesn’t eliminate it. Only assets titled outside your probate estate—such as trust assets or payable-on-death accounts—bypass probate.“Joint ownership is enough.”
Joint tenancy can avoid probate for one asset, but not for your entire estate, and it can expose property to the joint owner’s creditors.
Additional Tools for Probate Avoidance
In addition to a living trust, Texans can use several statutory options:
Transfer on Death Deed (TODD): Allows real estate to pass to beneficiaries without probate.
Payable on Death (POD) and Transfer on Death (TOD) designations: Available for bank and brokerage accounts.
Lady Bird Deed (Enhanced Life Estate Deed): Common in Texas, this deed lets you retain control of your property while naming a beneficiary who inherits automatically at your death.
Why Professional Guidance Matters
An experienced estate planning attorney ensures your documents comply with Texas law, are properly executed, and coordinate across all assets. DIY wills and internet templates often omit critical provisions or fail to account for Texas-specific requirements—leading to probate delays or litigation.
At BirChe Law, we design customized plans that fit your family’s unique goals. Whether you want a simple will, a comprehensive trust structure, or to update an existing plan, we make sure your legacy is protected and your loved ones are cared for.
Take the Next Step
Avoiding probate begins with thoughtful planning. Schedule a consultation today to discuss your options for wills, trusts, and probate-free estate transfer strategies.
Disclaimer: This article is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Each situation is unique; please consult an attorney licensed in your jurisdiction for advice specific to your circumstances.