FAQs

FAQs About Estate Planning and Probate

What is our general process?

Our process is designed to complete your estate planning documents in 6–8 weeks — entirely online with an in-person signing at the end.

Step 1 — Family Profile Questionnaire

Complete a short 10-minute secure online questionnaire covering your assets, family situation, and estate planning goals. Once submitted, we'll send an engagement letter and invoice for your selected package.

Step 2 — Estate Planning Design Session

Meet with your attorney to design your documents based on your Family Profile. We'll draft everything and send you a copy for review within two weeks. Any changes are made at this stage before finalizing.

Step 3 — Signing Ceremony

Execute your documents in person with two witnesses and a notary — at our Conroe office or your home. After signing, you receive unlimited lifetime consultations regarding your estate plan at no additional charge.

What can I expect from my Design Session?

As an attorney, I strive to provide attentive listening, ensuring clear understanding of your options before decision-making. It is crucial to me that your concerns are addressed, and any queries are answered.

What are the initial steps to get started?

Please complete the Questionnaire and choose your package. After submission, we will send you an engagement letter, along with an invoice via our secure online payment provider. Once these administrative matters have been attended to, you may schedule your Estate Planning Design Meeting.

What kind of information do you need from me?

We don't require account statements, social security numbers, or tax returns. However, we do need general information on your assets (e.g., house, retirement account, life insurance) and their value, along with the ownership details (jointly, individually, etc.). Additionally, we need your answers to questions about your personal estate planning preferences.

* Who you would want to raise your minor children if something happened to you and your spouse or partner?

* Who you want to oversee your children’s money until they are old enough to manage it themselves?

* Who you want making medical and financial decisions for you in the event of your incapacity?

* Who do you want in charge of your assets after your death?

Please do not worry if you don’t have the answers to these questions at this exact moment! Please allow yourself sufficient time to contemplate these questions.

What is estate planning?

Estate planning is the legal process of appointing individuals to care for you, your children, your assets, and your finances after your death or incapacity. Even if you don't have a will, Texas has a default plan for your family estate planning lets you customize your wishes and opt out of that default.

How much does estate planning cost?

We offer transparent flat-fee pricing no hourly billing, no surprise invoices. Every package is clearly priced so you know exactly what you're paying before you commit.

We also offer financing through Affirm and Klarna, allowing you to spread the cost into manageable monthly payments. Our goal is to make professional estate planning accessible to every Texas family not just those who can afford to pay everything upfront.

We only recommend our services when the potential benefit to your family exceeds our fee. Every client also receives a 100% satisfaction guarantee if you're not happy, we'll make it right or issue a refund.

How long does the process take?

Our process aims to have your estate planning documents signed within 6-8 weeks of your completing the questionnaire, depending on your availability and document review time.

Can I sign my documents with DocuSign?

Wills, trusts, and other estate planning documents must be signed using specific formalities for legal validity. This requires signing in person, in front of 2 witnesses and a provided notary. The witnesses confirm mental clarity and absence of coercion, while the notary verifies identity. Any future changes to your documents must also comply with these legal requirements.

What kind of clients do you work with?

We limit our monthly client intake to ensure every family receives the attention they deserve. We work best with clients who value personalized legal guidance, want to understand their options, and are looking for a long-term relationship with their attorney — not just a one-time transaction.

If you're ready to take estate planning seriously and protect your family's future, we'd love to work with you. If you're not quite there yet, we're happy to refer you to another attorney who may be a better fit right now.

What is probate?

Probate is the court-supervised process of administering an individual's estate upon their death. In cases where there is no will, the estate must undergo probate before the distribution of assets to beneficiaries. Even with a will, probate is still required.

Isn’t estate planning just for the wealthy?

No this is a common myth. Estate planning applies to everyone regardless of financial status, marital status, or whether you have children. It ensures your assets go where you want, your children are cared for by the right people, and someone you trust makes decisions if you become incapacitated.

What is a power of attorney?

A power of attorney allows for the appointment of someone to manage property in case of incapacity. It involves naming a trusted agent to handle tasks such as bill payments, tax filing, and business management, in the absence of the individual.

What is a health care proxy?

A health care proxy, also known as a medical power of attorney or healthcare power of attorney, permits the appointment of a trusted individual to oversee medical decisions in the event of incapacity. A living will, distinct from a living trust or last will and testament, empowers pre-determined medical choices concerning end-of-life matters. A living will is also known as an advance directive to physicians.

What if I need to update my estate planning documents?

Your estate plan should grow with your life. Documents can be modified or revoked at any time as long as you're alive and mentally competent.

Review your plan after any of these life events:

Marriage or divorce

Birth or adoption of a child

Death of a beneficiary, executor, or guardian

Significant change in assets or finances

A beneficiary developing special needs

Purchasing or selling real estate

Relocating to a new state

Changes in tax law

We recommend reviewing your plan every 3–5 years even if nothing major has changed. As a client, you receive unlimited lifetime consultations at no charge so updating your plan is always just a call away.

I’m not married – do I need an estate plan?

Yes. Without proper documents, your estate could pass to a distant relative under Texas intestacy law completely ignoring your actual wishes. Everyone needs an estate plan regardless of marital status.

How can I make sure my kids don’t get a big check on their 18th birthday?

That’s a good question! It is important to consider the implications of leaving a large inheritance to children upon reaching the age of 18, as this is the legal entitlement without a will. With the aid of an estate plan, you have the flexibility to determine a more appropriate age for inheritance, such as 25 or 30 or even older. During your Planning Session, we will explore the various options available to you.

How do I nominate legal guardians for my children?

Legal guardians can be nominated in a Will or in a separate document. Failing to nominate guardians will necessitate a judge's decision. Moreover, the absence of a preference may lead to family disputes over custody. Our firm provides comprehensive assistance in nominating guardians. Additionally, there is an option to exclude individuals from consideration as guardians, regardless of circumstances. Our services extend to supporting this aspect as well.

Can't I just do my Will on LegalZoom?

LegalZoom provides self-fillable form documents but no legal advice. There's no attorney reviewing your specific situation, no one catching mistakes, and no one available when your circumstances change.

An estate planning attorney tailors every document to your family, ensures proper legal execution, and stays available for questions down the road. A poorly executed will can be declared invalid in Texas leaving your family with nothing but an expensive court battle.

If cost is the main concern, ask us about our flat-fee packages and financing options through Affirm and Klarna. Professional legal help may be more affordable than you think.

Do you work with families in all 50 states?

Estate planning requires a state-specific approach, so it's essential to collaborate with a licensed attorney in your state. At this time, our attorneys are licensed in Texas. If you reside in this state, we can assist you with preparing your estate planning documents. If you reside outside of Texas, please message us, and we will gladly refer you to a licensed attorney in your state.

What does an estate plan consist of?

A complete estate plan typically includes:

Will directs how your assets are distributed and names guardians for minor children

Revocable Living Trust transfers assets to beneficiaries without probate, keeps the process private

Medical Power of Attorney appoints someone to make healthcare decisions if you're incapacitated

Financial Power of Attorney authorizes someone to manage your finances and property

Directive to Physician (Advance Directive) pre-determines your end-of-life medical wishes

Appointment of Guardian for Minor Children names who raises your children if something happens to you

Declaration of Guardian for Yourself designates who manages your affairs if you become incapacitated

Not every plan requires every document. During your Design Session, your attorney will recommend exactly what you need based on your situation.

Already have an estate plan?

Having a plan is a great start but an outdated plan can be just as problematic as no plan at all.

Your existing plan needs a review if:

It was created more than 3–5 years ago

You've married, divorced, or had children since it was drafted

A named beneficiary, executor, or guardian has passed away or is no longer the right choice

You've bought or sold real estate

Your financial situation has changed significantly

You've moved to or from Texas

Tax laws have changed in ways that affect your estate

A quick review with one of our attorneys can identify gaps, outdated designations, or missing documents before they become a problem for your family. As an existing client, your lifetime consultations are always free reach out anytime.

What is a Will and do I need one?

While the topic may be uncomfortable, it is crucial to recognize that a valid will is one of the most significant financial arrangements individuals can make in their lifetime.

A will is a legal document that outlines the distribution of personal and real property. Additionally, your will can include instructions for, the care of minor children. Failing to have a will or trust allows the state to determine property distribution, disregarding your wishes or the needs of your loved ones. A will, provides flexibility. You can allocate your property to a single individual or divide it into specific portions, such as leaving your wine collection to your brother and your laptop to your best friend. In addition, a will can facilitate the smooth transition of business or investment assets. It is important to consider tax implications, as a well-drafted will or trust can minimize tax liability. Please refer to the Estate Tax FAQ section below for information on Texas and Federal estate tax rates.

Can I make my own Will or Trust?

When it comes to estate planning, it is advisable to seek professional assistance rather than opting for a do-it-yourself approach. A professional can ensure that your property will be managed according to your wishes, your minor children will be raised by the designated person, and an executor will carry out your instructions upon your demise. Dealing with an estate can be complex and time-consuming if not properly planned. While there may be a temptation to save money by using online or store-bought wills and trusts, they often fail to account for real-life situations. Making a mistake in this process can lead to expensive and unpleasant consequences for your loved ones. Just as you rely on a mechanic for your car tune-up, entrust your estate planning needs to a professional. If you are interested in a Will lawyer in Houston, TX area be sure to reach out to us. We can help you.

Are there any assets that do not pass by a Will?

Wills often transfer all assets, but it's important to note that specific contracts or agreements can override the will. These often include life insurance, retirement assets, jointly owned property, and investment accounts with a "transfer on death" designation.

Life insurance proceeds are a prime example. Regardless of an individual's will or trust, the beneficiary listed on the life insurance policy takes precedence over the beneficiary stated in estate planning documents. The policy proceeds are automatically transferred to the named beneficiaries upon the person's death, without the need for probate or court proceedings. Therefore, reviewing beneficiary designations to ensure alignment with the will or trust is crucial.

What do I do with the Will of someone who is deceased?

If an attorney drafted the decedent's will, the attorney often retains a copy in their office, and the original is given to the client. The original will should be filed in the county where the decedent had their primary residence or owned real estate.

What if the deceased died without a Will or Trust?

If a person dies without a will or a trust, then that person is considered to have died “intestate.” Texas’s intestacy statute provides for different distribution schemes for separate and community property, married and unmarried persons, and persons with or without children. The distribution is fact specific and requires a case-by-case analysis.

How do I petition the court to administer the assets of a loved one who died without a Will?

To initiate the administration process, a person must have an interest in the estate and submit an application with the court in the county where the decedent resided or had property. In most case, an applicant must be represented by a licensed attorney. The initial filing fee is usually in the $300-$400 range.

How can I find out if the decedent had a Will?

To obtain information about a filed will, contact the probate court or court handling probate cases in the decedent's county of residence. The will can be viewed by the public or obtained by purchasing a copy. Alternatively, you may choose to engage the services of a lawyer or legal agency for assistance.

Who can be appointed as the administrator of the decedent’s estate?

When an individual passes away without a will or fails to appoint a personal representative (referred to as an "Executor") in their will, the court may appoint a legal representative known as an "Administrator" to settle the decedent's estate. Generally, a court can appoint any person who is entitled to a distribution from the decedent's estate, so long as that person is not disqualified. By way of example, a person is disqualified to serve as administrator if he or she is incapacitated, a convicted felon, a non-resident who does not appoint an resident agent, or someone the court finds “unsuitable.” To be appointed as Administrator, an interested party must file an application with the appropriate court. Notice of the application is then sent to all unknown heirs of the decedent, notifying them to appear in court on a specified date and express any objections.

What are the duties of an administrator / executor?

The duties of the administrator/executor of an estate include:

• Inventorying and collecting the decedent's assets

• Managing the assets during administration

• Paying claims of creditors and tax collectors of the estate

• Distributing the remaining assets to designated beneficiaries

• Signing documents, selling property, and distributing assets on behalf of the estate.

The personal representative is usually entitled to compensation for serving as executor or administrator, unless the will states otherwise.

What is probate and how do I avoid it?

Probate is the court-supervised process of validating a will and distributing a deceased person's assets. Depending on the estate, it can be smooth and straightforward or time-consuming, expensive, and public record.

You can avoid probate in Texas by:

Transferring assets into a Revocable Living Trust assets in a trust pass directly to beneficiaries without court involvement

Designating beneficiaries on life insurance policies and retirement accounts

Completing a Transfer on Death Deed (TODD) transfers real property directly to a named beneficiary upon death

Setting up Payable-on-Death (POD) bank accounts funds transfer automatically to your named beneficiary

Holding property jointly with right of survivorship

Avoiding probate isn't always necessary but for most families it saves time, money, and keeps your affairs private. Ask us which strategies make sense for your situation.

Can I disinherit my spouse from my estate?

Under Texas law, you may disinherit your spouse. However, a spouse retains his or her one-half community property, which is not part of the Decedent’s estate, and therefore is not administered by the Decedent’s will. Children can also be disinherited. Texas law also grants surviving spouses other rights, such as a homestead right and an allowance from the Decedent’s estate.

Will I have to pay the debts of the estate out of my own pocket if my loved one’s estate doesn’t have enough money?

No, debts incurred during the decedent's life are solely the responsibility of the estate. Beneficiaries are not held personally liable for the decedent's debts without consent. Although the estate might not have sufficient funds for beneficiaries after settling creditor claims, beneficiaries will not be obligated to pay the creditors.

Will my estate have to pay estate taxes?

Large estates may be subject to Federal estate taxes before assets can be distributed to beneficiaries and heirs. At the time of this publication, Texas does not have an estate tax. This firm does not offer tax advice, but we can refer clients to and work with tax professionals for taxable estates if necessary.

What is the difference between a will and a trust in Texas?

A will goes through probate and becomes public record. A trust transfers assets directly to beneficiaries without court involvement, keeping the process private and often faster. Both are valid tools the right choice depends on your situation.

How much does probate cost in Texas?

Probate costs in Texas vary depending on the complexity of the estate. Typical expenses include:

Court filing fees usually $300–$400 to open a probate case

Attorney fees vary by estate size and complexity

Administrative costs executor compensation, accounting, appraisals if needed

Publication fees required notices to creditors

Simple independent administrations are significantly less expensive than contested probate or dependent administrations. Our flat-fee probate packages give you cost certainty from day one no hourly billing, no surprise invoices. Contact us for a quote based on your specific situation.

How long does probate take in Texas?

Timeline depends on the type of administration and estate complexity:

Independent Administration (most common) typically 6–12 months for straightforward estates

Dependent Administration can take 12–24 months due to increased court oversight

Muniment of Title the fastest option, sometimes resolved in 2–3 months for qualifying estates

Contested Probate can extend well beyond 12 months depending on disputes

Factors that affect timeline include court scheduling, creditor claim periods, real estate transfers, and whether the will is contested. Our attorneys work to move your case forward as efficiently as possible.

Do all estates go through probate in Texas?

No not all estates require probate. Assets that typically bypass probate include:

Assets held in a Revocable Living Trust

Life insurance and retirement accounts with named beneficiaries

Jointly owned property with right of survivorship

Transfer on Death Deed (TODD) real property

Payable-on-Death (POD) bank accounts

Texas also offers simplified alternatives like muniment of title for estates where the only asset is real property and there are no unpaid debts. Whether your estate requires probate depends on how your assets are titled and structured something we can help you plan for in advance.

Can I handle probate without a lawyer in Texas?

In most cases, no. Texas law requires applicants initiating formal probate proceedings to be represented by a licensed attorney. Attempting to navigate the process alone typically leads to:

Filings being rejected by the court

Missed deadlines that complicate the case

Personal liability for the executor

Delays that cost the estate more in the long run

Even in situations where an attorney isn't strictly required such as a small estate affidavit having legal guidance ensures the process is done correctly and protects you from future claims. Our flat-fee probate packages make professional representation affordable from the start.

Does a trust avoid probate in Texas?

Yes but only for assets that are properly transferred into the trust. A revocable living trust is one of the most effective tools for avoiding probate in Texas.

When you create a trust and fund it correctly meaning you retitle assets like real estate, bank accounts, and investments into the trust's name those assets pass directly to your beneficiaries after your death without any court involvement.

Common mistake: Many people create a trust but never fund it. An unfunded trust provides no probate protection. Our attorneys ensure your trust is properly set up and funded so it works exactly as intended when your family needs it most.

Do you offer payment plans or financing?

Yes. We understand that estate planning is a significant investment and we want to make it accessible to every Texas family.

We accept financing through Affirm and Klarna two trusted payment platforms that allow you to spread the cost of your estate plan into manageable monthly installments.

How it works:

Select your package and proceed to checkout

Choose Affirm or Klarna at payment

Get approved in minutes with no impact to your credit score for checking rates

Pay over time while your estate plan gets started immediately

Don't let cost be the reason your family is left unprotected. Reach out to discuss which package fits your needs and budget.

For any unanswered questions, please visit our Contact Us page and complete the form. We are here to assist you in any way we can.