Contact Us Today 979-703-7014

News & Articles

How to Avoid the Need for a Probate Lawyer in Brazos County

Posted by Chris Peterson | Feb 18, 2021 | 0 Comments

If you are dealing with an estate that has to go through the probate process in Texas, your smartest move is likely going to be to work with a Brazos County probate lawyer.  There are cases where very simple estates will move through fairly easily, but there is still a matter of paperwork, accounting, etc. to consider; and a probate lawyer can save you an incredible amount of time and hassle.  

The best way to avoid the need for a probate lawyer in Brazos County is to make sure that your estate planning has been done in advance.  This means that you've set up wills, trusts, and any other applicable legal documents so that those you leave behind won't have to deal with taking the entire estate through the court system.  Trusts, such as a revocable living trust, are one of the most common tools for avoiding probate, but there are some other possible options. 

Small Estates 

Some people think that having a will means that your estate will bypass the process.  Any reputable probate lawyer in Brazos County will tell you, however, that this isn't the case.  Having a will is certainly still important, as it provides important directions for the dissemination of your estate, but it doesn't get your heirs off the hook when it comes to probate. 

If the estate is truly a “small” one, then you may be able to avoid probate.  This can happen in cases where the only thing left behind is personal property.  In these situations, there is no real estate to be inherited.  The laws regarding the allowable value of an estate to be considered in this group do change, so it might be helpful to at least chat with a Brazos County probate lawyer to see if the estate qualifies.  If so, the heir may be able to create an affidavit that will work instead of going through probate.  There may also be some simplified court procedures available to heirs of these very small estates. 

Transfer-on-Death Deeds 

Many states allow for real estate to be transferred after death without going through probate.  Again, laws change regularly, so it's a good idea to check with a Brazos County probate lawyer or estate planning attorney to ensure that this is an option for you.  This kind of deed needs to be created in advance and will specify that it doesn't take effect until the owner of the property has died.  Fortunately, transfer-on-death deeds can be revoked if the situation changes before the owner passes away.  This is not just a “gentleman's agreement” and requires legal preparation, signatures, and notarization before being filed. 

These are just a couple of tools available to those who want to avoid the eventual need for a probate lawyer.  If they have not been put into place, or you're not sure if these rules apply to you, it's advisable to speak with a qualified attorney in advance

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment