Many people assume that creating a Will means their family will not have to go through probate after they pass away. In Texas, however, a Will does not automatically avoid probate. Instead, a Will provides legally binding instructions for how an estate should be handled and distributed after death.
What Does a Will Do?
A Will allows you to name the people or organizations you want to receive your assets, designate an executor to administer your estate, and address other important matters, such as guardianship of minor children. Without a valid Will, Texas intestacy laws determine who may inherit your property—potentially in ways that do not reflect your wishes.
A Will is an important part of an estate plan, but it generally must be admitted to probate before the assets it controls can be transferred to beneficiaries.
How Can You Avoid Probate?
For some individuals and families, a trust may provide an effective way to keep certain assets outside of the probate process. A properly structured trust can allow assets to pass to beneficiaries without going through probate and can provide greater control over when and how those assets are distributed.
Other estate-planning tools may also help avoid probate for particular assets, including beneficiary designations, certain survivorship arrangements, and deeds such as a Transfer on Death Deed or Lady Bird Deed. The appropriate strategy depends on your assets, family circumstances, and goals.
Why Is Estate Planning Important?
A comprehensive estate plan is about more than deciding who receives your property. It can also address what happens if you become incapacitated, who can make financial or medical decisions on your behalf, and how your assets should be managed for your loved ones.
At the Law Office of Brett L. Evans, PC, we help individuals, families, and business owners throughout North Texas develop estate plans tailored to their circumstances. Our services include Will preparation, trust formation, powers of attorney, advance directives, and probate administration.
If you have an existing Will or trust—or if you have never created an estate plan—now may be a good time to review your options. Contact the Law Office of Brett L. Evans, PC in Denison to schedule a consultation and take the next step toward protecting your family and the assets you have worked to build.