Frequently Asked Questions About Estate Planning & Probate in Texas

Estate planning isn’t just for the wealthy or elderly—it’s for anyone who wants to ensure their loved ones are cared for and their assets are distributed according to their wishes. Without a plan, your family could face unnecessary legal complications, delays, and expenses.

Whether you’re creating a will, setting up a trust, or navigating probate, we’re here to help. At The Law Office of Michelle E. Murphy, we provide personalized legal counsel. Unlike large firms, we take the time to understand your needs and craft a plan tailored to your family. Our virtual services allow clients across Texas to receive guidance from home.

This FAQ page answers common estate planning questions, but every situation is unique. If you need more information or are ready to start planning, contact us today for a free consultation.

What happens if I die without a will in Texas?

If you pass away without a will, your estate will be distributed according to Texas intestacy laws. This means the court will determine who inherits your assets, which may not align with your wishes. Without a designated guardian, the court may also decide who will care for your minor children. Having a will ensures your voice is heard and your loved ones are protected.

How can I avoid probate in Texas?

While probate is sometimes necessary, it can be time-consuming and costly. To minimize or avoid probate, you can use tools like revocable living trusts, beneficiary designations, and joint ownership of assets. By planning ahead, you can ensure a smoother transition for your loved ones and keep your estate matters private.

How long does probate take in Texas?

The probate process varies depending on the complexity of the estate and whether disputes arise. In Texas, simpler cases can be resolved in a few months, while more complicated estates or contested wills can take a year or longer. Proper estate planning can help streamline this process and reduce potential delays.

Do I need a trust if I already have a will?

A will directs how your assets are distributed after death, but a trust offers additional benefits. A trust can help manage assets during your lifetime, provide for beneficiaries with special needs, and avoid probate. It also allows for more control over how and when your assets are distributed. Whether a trust is right for you depends on your goals and financial situation.

Who should I choose as my executor or trustee?

Your executor (for a will) or trustee (for a trust) should be someone you trust to handle financial matters responsibly. This could be a family member, friend, or professional fiduciary. Consider choosing someone who is organized, fair, and capable of making difficult decisions. Discuss your choice with them in advance to ensure they’re willing and able to take on the role.

Can I update my estate plan after it’s been created?

Yes, and you absolutely should update your estate plan when major life changes occur—like marriage, divorce, the birth of a child, changes in financial status, or the death of a beneficiary. In Texas, updates can be made through a codicil (for wills) or amendments (for trusts), or by creating a new document. Regular reviews help ensure your plan continues to reflect your current wishes and circumstances.

What is the difference between a will and a living will?

A will outlines how your assets should be distributed after your death and can name guardians for minor children. A living will, on the other hand, is an advance directive that explains your wishes regarding medical care if you become incapacitated and unable to communicate. Both are important parts of a complete estate plan, and they serve very different purposes.

What is independent administration in Texas probate?

Independent administration is a simplified probate process allowed under Texas law, where the executor can manage the estate with minimal court supervision. This is often faster and less expensive than dependent administration. Most wills in Texas include a clause authorizing independent administration, but it can also be granted by the court with agreement from the heirs. It’s a useful tool to streamline probate and reduce legal hurdles.

Can I create an estate plan without an attorney in Texas?

While it’s possible to create an estate plan without an attorney, doing so can lead to costly mistakes and confusion down the road. Estate planning laws can be complex, and small errors can cause significant issues for your heirs. Working with an experienced estate planning attorney ensures that your documents are legally valid, reflect your wishes, and comply with Texas law, providing peace of mind for you and your family.

What happens if someone contests my will in Texas?

If someone contests your will in Texas, the probate process can become more complicated and may delay the distribution of your estate. Common reasons for contesting a will include claims of undue influence, lack of testamentary capacity, or allegations that the will was not properly executed. If a will is successfully contested, it may be invalidated, and the estate will be distributed according to previous valid documents or intestacy laws. Having clear and valid documentation, along with witnesses, can help reduce the chances of a will contest.