Wills and Estates

Most clients will need a will, but for some others there are significant time and expense advantages in not having a will and thereby avoiding probate.  There is also a short cut in a probate court if you pass on without a will and have reduced your probate estate (exclusive of homestead) to less than $75,000.  Most people are not aware that during their lifetimes, they can title assets, including real estate, so that they pass by trust or other beneficiary designations rather than by a will, making any will and related probate proceedings irrelevant as to such assets.  Simply put, most assets can be titled in such a way that they are transferred on presentation of a death certificate without ever going to probate court.  In fact, when clients come to us after the death of a mother or father who passed without a will, the first question we deal with is whether we need a probate proceeding at all.   There are, however, risks in deciding not to have a will.  If after death probate becomes necessary to reach assets that do not pass automatically, the probate process is more complex and expensive than probating a will.  In some cases this strategy of retitling assets can be paired with a will as a backup, with the hope that you will never need the will or probate at all.  Also, absent a will, if there are any remaining probate assets, they will pass to your heirs only under the default rules for inheritance set by Texas law   There are many considerations, and you should not make a decision on this question without the assistance of experienced legal counsel.  We help clients make the appropriate decisions in this area.