Probate can be Insane
Bio: J. Tyler Clark is a co-editor and ad manager for the Front Porch Magazine. He is an estate planning and probate attorney based out of Caldwell, TX. He also is the Founder and CEO of the Christian Higher Education Foundation which helps increase access to Christian colleges and universities.
Probate court is where grief too often collides with government red tape. At the very moment a family should be planning a funeral, coordinating time off work, and comforting one another, Texas can require them to navigate a formal court process just to access accounts, pay final bills, and settle a loved one's affairs. For many families, the frustration isn't just emotional-it's practical: mortgages still come due, utilities must be paid, and funeral homes rarely wait on court paperwork.
If you die without a will, the state applies a one-size-fits-all plan for your property regardless of how unique your family actually is. 'The Skrabaneks' situation won't match the Kubenas' and neither will look exactly like yours. Blended families, second marriages, adult children, minor children, family land, and closely-held businesses all create complications that "default" rules can't predict. Estate planning is simply choosing your own instructions instead of leaving them to the state.
And the cost of doing nothing can be steep. A traditional probate (or even a simplified muniment of title) starts with about $420 in court fees in Texas, before you factor in bonds, filing fees, and attorneys' fees-often unavoidable in probate. If the court requires a bond, the amount can be tied to the value of the estate, which adds one more expense at the worst possible time. On top of that, every filing becomes part of the public record. Many people are surprised to learn that probate can expose private family and financial information.
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Even when the law seems "clear," probate can become a battlefield. Gray areas, disputed documents, and competing interpretations of prior cases can turn siblings into opponents-especially when the difference is the kind of money that makes people lawyer up. The person appointed to manage the estate (the executor or administrator) may feel like they are doing a second full-time job, answering questions, tracking deadlines, and trying to keep peace in the family while the court process drags on.
The good news: you have options. A properly executed last will and testament can bring clarity, reduce conflict, and put you-not the state-in charge. You can name who receives what, who is responsible for carrying out your wishes, and who is trusted to handle decisions for minor children. A no-contest clause can help discourage lawsuits when appropriate. Many families can also use non-probate transfers-like beneficiary designations, transfer-on-death accounts, or a Lady Bird Deed for a homestead-to keep certain assets out of probate altogether.
And for those wanting even more control and continuity, a revocable living trust can provide additional benefits while still keeping flexibility during your lifetime. It can allow for smoother management if you become incapacitated, reduce the need for court involvement at death, and make it easier to administer property in a way that is efficient and private.
Stop the insanity-take the reins of your legacy now, and give your family peace of mind later.
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