When a loved one has passed away, the last thing you want to think about is probate court. Yet, when someone passes on and does not leave a will, that can open up a whole new list of issues. While a will is a big part of how an estate is evaluated, it is not the only way to find yourself in probate court after a death. Here, we’ll discuss how to avoid court, why avoiding court is the best option, estate planning, and how to deal with probate in Dallas Texas if you need to.
What is Probate Court
Probate is the legal procedure that has to do with the distribution of property in the event of someone’s death. The Dallas probate court has jurisdiction specifically over the probate of wills and administration of the estate. Part of this process is recognizing a will if it is presented, deciding if the will is valid, figuring out the heirs and/or beneficiaries, coming up with how much an estate is worth, and taking care of the financial responsibilities of the deceased.
How To Avoid Probate Court
Advance planning can keep your family from the headaches of going through probate court or needing to get a probate lawyer in Dallas. Here are a few ways you can get ahead and manage your holdings once you’re gone:
- Give Assets Away – the less worldly possessions to go through, the less of a need for probate in the first place. There may even be tax benefits from doing so, something worth checking into with a Dallas County probate lawyer. Estates worth more than $75,000 will require probate in Texas.
- Joint Property Titles – owning property with another individual will enable that person to have it transferred to their name without having to go to court.
- Living Trust – any belongings put into a trust will avoid probate. The person named trustee will handle the assets inside the trust itself.
- Payable-On-Death – on bank accounts in Texas, you can add a person as a POD beneficiary. This person will not have access to whatever is in the accounts until your passing. At that point, they can claim what is left in the checking or savings without heading to court.
- Transfer-On-Death – the state grants you the option to leave both real estate and vehicles to people without going through the courts. The TOD deed or vehicle registration will automatically go to the beneficiary.
Why Would I Want To Avoid Court?
Not only are there many expenses to consider in probate court, but the process can take years to finalize. These records are also public and no one wants to air out their family’s dirty laundry. After probate Dallas fees and the back and forth, it could save a lot of stress and maybe ill feelings between family members.
Estate Planning
If you’re ready to make a plan for how you want your effects to be divided, there’s no time like the present to get in touch with the professionals. Anyone of any age with any size estate is a candidate for estate planning. Different life stages will have a different focus, but the goal of managing the estate, in the way that you want, is what’s important. Options when putting together a plan can include:
- Creating a living will
- Designating a power of attorney
- Building a trust
- Protecting assets
Queen Meranda 
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