Frequently Asked Questions

Almost certainly yes. If you die without a will in Texas, the state’s intestacy laws decide who gets what, and the answer is often not what most people would have wanted. Without a will, your family will go through a more complicated and expensive probate process, and the court will appoint someone to administer the estate rather than the person you would have chosen. A simple Texas will is one of the highest-value, lowest-cost legal documents you will ever pay for.

Many Texas families do not need a trust. Texas has an efficient probate system, particularly when the will provides for independent administration. A trust offers real benefits in some situations: when you own property in multiple states (the trust avoids probate in each state), when you want privacy (probate is public, trusts are not), when you have a blended family with complicated dynamics, when you want to plan for incapacity, or when you have specific tax planning needs. Especially due to the need and cost of long-term elder care, the number of families that need a trust has shifted such that a majority of families now need or will need a trust. A trust adds cost and complexity, and for many families a well-drafted will is no longer enough. We will help you decide what actually fits your situation rather than selling you something you do not need.

Independent administration is a Texas probate procedure where the personal representative (executor or administrator) handles the estate with limited court supervision. It is faster, cheaper, and less burdensome than the alternative. Independent administration is available when the will provides for it, or when all heirs agree to it. Most well-drafted Texas wills include language authorizing independent administration. If yours does not, fixing that is one of the easiest improvements to make to a Texas estate plan.

A power of attorney lets someone you trust handle matters on your behalf if you cannot. A financial power of attorney covers banking, real estate, taxes, and other financial decisions. A medical power of attorney covers healthcare decisions. Both are essential because if you become incapacitated without them, your family will likely need to go to court for guardianship, which is expensive, slow, and emotionally difficult. Powers of attorney are inexpensive to prepare and one of the most commonly overlooked estate planning documents.

Yes, if you have minor children. Designating guardians is one of the most important parental decisions you will ever make. Texas law gives strong deference to the guardians named in your will, but the court has the final say, so the designation should be done carefully and explained where appropriate.

Straightforward estate planning is normally quoted as a flat fee for a defined package rather than billed hourly. Ask what the package includes, because the useful comparison is not the price of a will alone but whether financial and medical powers of attorney and a directive to physicians come with it.

A blended family, a business, property in more than one state or country, a beneficiary with special needs, an Illinois estate near the state tax threshold, or anyone who should not receive money outright. Those facts drive the work. A single person with a house and a retirement account does not.

Texas has one of the least expensive probate systems in the country when the will names an independent executor, because court supervision is minimal. What raises the cost is a will that does not authorize independent administration, no will at all, a contest among heirs, or real property in another state.

Generally yes. Illinois probate is slower and more supervised, and one rule drives the cost: an Illinois small estate affidavit cannot transfer real estate at any value, so a home in the decedent’s sole name forces a full probate no matter how modest the estate.

An uncontested Texas independent administration commonly runs several months from filing to distribution. Illinois runs longer because of the claims period and court supervision. Contested matters, missing heirs, and out-of-state property all extend the timeline considerably.

In Texas, yes in practice. An executor represents the estate rather than only themselves, so Texas courts generally require an attorney. Some small estate procedures and affidavits can be handled without one, so ask before assuming a full probate is necessary.

It depends on the state and the assets. Texas probate is manageable enough that a will plus deed tools often suffices. In Illinois a solely owned home forces probate, which makes a trust or a transfer on death instrument far more valuable.

A list of what you own and how each item is titled, current beneficiary designations, deeds for any real estate including property in other states or countries, and any existing will, trust, or power of attorney. Titling matters more than value.

Yes. This office serves clients in both states, which matters because estate planning is state law and the answer frequently changes at the state line. A plan built in one state should be reviewed when you move to the other.

No. The two run in parallel, and one affects the other. Citizenship status changes the marital deduction analysis, domicile determines which state’s law governs your estate, and property you still own abroad needs separate handling. See the questions on families with property outside the United States.

Insurance is your first line of defense but rarely your only one. Policy limits can be exceeded, especially in serious personal injury cases or business disputes. Some claims (intentional acts, fraud, certain professional liability) may not be covered at all. Asset protection planning is about making sure that even if a claim exceeds insurance or falls outside coverage, your essential assets are organized in ways that make them harder to reach.

Texas is one of the most favorable states in the U.S. for asset protection. Your homestead (subject to certain limits) is protected from most creditor claims. Retirement accounts including IRAs and 401(k)s are protected. Life insurance and annuities have substantial protection. Certain personal property and tools of trade are protected. These are powerful built-in protections, but they only cover certain categories. Investment property, business interests, accumulated savings outside retirement accounts, and other assets remain exposed without additional planning.

Entity structures: Texas LLCs and series LLCs are particularly useful for separating operational risk from ownership of valuable assets. Different rental properties, different business operations, and different investment portfolios are often best held in different entities. Family limited partnerships: useful for family wealth planning. Irrevocable trusts: assets placed in a properly structured irrevocable trust may be outside your estate for creditor and estate tax purposes. Insurance coordination: making sure the right policies are in place and properly titled. Each tool has tradeoffs, and the right plan layers them based on your specific situation.

An uncontested independent administration typically takes between four and twelve months from filing to completion, depending on the complexity of the estate, the cooperation of heirs, and the type of assets involved. A muniment of title proceeding can be much faster, sometimes resolved within a few months. Contested matters can take significantly longer.

Muniment of title is a streamlined Texas probate procedure. It allows a will to be admitted to probate as documentary evidence of property transfer, without appointing a personal representative or going through the full probate process. It is the right tool when the estate’s only assets requiring transfer are real property, and there are no unpaid debts of the estate (other than secured debts like mortgages). It is often overlooked but can save a family significant time and money.

A small estate affidavit is a Texas procedure available for estates valued under $75,000 (excluding the homestead and certain exempt property), where the deceased died without a will. It is faster and cheaper than full probate but is only available for modest estates and has specific eligibility requirements.

When someone dies without a will in Texas, they have died intestate. The Texas Estates Code dictates who inherits, in a specific order based on family relationships. A determination of heirship proceeding may be required to formally establish who the legal heirs are. This is more complicated, slower, and more expensive than probate of a valid will.

In Texas, a will can be contested on several grounds including lack of testamentary capacity, undue influence, fraud, duress, or improper execution. Will contests have strict deadlines (generally two years from the date the will is admitted to probate, with some exceptions) and require specific procedural steps. With our litigation background, we handle will contests on both sides of these disputes.

Often yes, but the answer depends on what assets the deceased owned and how they were titled. Bank accounts and other assets with proper beneficiary designations or transfer-on-death registrations may pass without probate. Assets held in trust pass according to the trust terms. However, assets in the deceased’s name alone, without beneficiary designations, generally require some form of probate or alternative procedure to transfer. We can help you assess what is actually required for your situation.

It transfers nothing. Tex. Est. Code § 114.055 requires recording before the owner’s death, and Illinois requires the same. A signed, notarized deed found in a drawer after the funeral accomplishes nothing, and no court can record it retroactively.

No. The property still has to transfer, but through a slower and more expensive route: an heirship determination, an affidavit of heirship, a small estate affidavit, or a full administration, depending on the facts and on whether the heirs agree.

No. Tex. Est. Code § 114.057 provides that a will may not revoke or supersede a transfer on death deed. Revocation requires a later instrument, acknowledged after the original and recorded before death, not a note in a file.

No. Texas prohibits creating a transfer on death deed through a power of attorney, and Illinois says an agent has no authority to create or revoke a transfer on death instrument even if the document purports to grant it. A Lady Bird deed is treated differently.

No. Illinois requires the instrument to be witnessed as well as notarized, a formality Texas does not impose. A document executed the way Texas allows can fail in Illinois, which catches families who own property in both states.

Yes. Both the transfer on death deed and the Lady Bird deed leave you in full control during your lifetime. A sale simply defeats the future transfer, because there is nothing left to pass.

Generally yes. The deed transfers the interest you hold, not a clean slate, so existing liens ride along with the property. Tell the beneficiary in advance rather than at the closing table.

The transfer can fail entirely if no contingent beneficiary was named, sending the property through probate instead. Naming alternates is the cheapest insurance in this area and the most commonly skipped step.

Cross-border estate planning requires careful attention to U.S. and foreign tax law, beneficiary designations that may not work across jurisdictions, FBAR and FATCA reporting requirements for U.S. persons with foreign accounts, and treaty considerations. We coordinate with foreign counsel on these matters. See our International Clients page.

Mixed-status families require careful planning. U.S. citizen heirs may have different tax treatment than non-citizen heirs. Non-resident heirs may face withholding issues on certain U.S. assets. Beneficiary designations and trust structures can be tailored to these realities. This is one of the situations where estate planning truly benefits from our integrated practice covering immigration, business, and estate work.