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How to Navigate Probate Process

Fri, 24 Apr 2026 15:05:03 GMT

How to Navigate Probate Process

The probate process can feel overwhelming, especially during an already difficult time. Probate is the legal procedure through which a deceased person’s estate is settled, including validating their will, paying debts, and distributing assets to beneficiaries. Understanding the basic steps involved can help you navigate the process more confidently and avoid unnecessary complications.

What Is Probate?

Probate is a court-supervised process that ensures a person’s estate is handled according to their wishes or state law if no will exists.

Validates the will (if one is available)
Appoints an executor or administrator
Identifies and inventories assets
Pays outstanding debts and taxes
Distributes remaining assets to beneficiaries

Steps in the Probate Process

While probate procedures can vary by state, the general process typically follows these key steps:

Filing the will with the court and opening the probate case
Appointing an executor or personal representative
Notifying creditors and beneficiaries
Taking inventory of estate assets
Paying debts, taxes, and expenses
Distributing assets according to the will or state law

Common Challenges to Be Aware Of

Probate can involve several challenges that may delay the process if not handled properly.

Disputes among beneficiaries
Missing or unclear documentation
Outstanding debts or tax issues
Complex or high-value estates
Delays in court proceedings

Tips for Navigating Probate Successfully

Being organized and informed can make the probate process smoother and more manageable.

Keep detailed records of all transactions and communications
Communicate clearly with beneficiaries and involved parties
Meet all deadlines set by the court
Work with professionals such as attorneys or financial advisors when needed
Stay patient, as probate can take several months or longer

When to Seek Professional Help

In many cases, working with a probate attorney can help streamline the process and reduce stress.

If the estate is large or complex
When disputes arise among heirs
If there is no will (intestate estate)
When dealing with significant debts or tax concerns

Contact Our Certified Probate Attorneys to Get Started

Navigating the probate process may seem complicated, but understanding the steps and knowing what to expect can make a significant difference. By staying organized, seeking guidance when necessary, and approaching the process with patience, you can ensure that the estate is handled properly and in accordance with the law.

If you require professional support, we urge you to contact one of the knowledgeable representatives at The Cawlfield Law Firm, PLLC. For years, our certified probate attorneys have continued to provide versatile counsel across Frisco, TX and all the surrounding regions. Simply reach out to our team to schedule your preliminary consultation!

What Should Be Included in a Will?

Thu, 06 Feb 2025 20:22:44 GMT

What Should Be Included in a Will? Essential Components of a
Written Will

Planning for the future is essential, and creating a will ensures that your assets are distributed according to your wishes. Without a will, the state decides who inherits your belongings, which may not align with your intentions. If you’re considering drafting a will, here’s what you need to include to protect your family and estate.

1. Personal Information & Executor

Start your will by including your full legal name, date of birth, and residence. Designate an executor—someone you trust to carry out your wishes and manage the distribution of your assets.

2. Beneficiaries

List the individuals or organizations that will receive your assets. Beneficiaries can include family members, friends, charities, or institutions. Clearly stating their full legal names helps avoid confusion.

3. Distribution of Assets

Detail how your assets should be divided among your beneficiaries. Common assets to include are:

Real Estate – Homes, land, rental properties, or vacation homes.
Financial Accounts – Bank accounts, stocks, bonds, and retirement savings.
Life Insurance Benefits – Designate who should receive proceeds from your policy.
Business Assets – If you own a business, specify who will inherit it or manage it.
Personal Property & Heirlooms – Jewelry, art, furniture, vehicles, and sentimental items.
Digital Assets – Online accounts, social media profiles, and cryptocurrency holdings.

4. Guardianship for Minor Children

If you have children under 18, name a guardian to care for them in the event of your passing. This ensures their well-being is handled by someone you trust rather than leaving it up to the courts.

5. Debts & Liabilities

Specify how outstanding debts, loans, and taxes should be handled. Your estate may be responsible for settling these obligations before asset distribution.

6. Funeral & Burial Instructions

While not required, you may include preferences for your funeral, burial, or cremation arrangements to ease the burden on your loved ones.

How Long Does It Take to Create a Will?

The time required to draft a will depends on your assets and personal situation. A simple will can be completed in a few hours, while complex estates may take longer. The Cawlfield Law Firm, PLLC can guide you through the process efficiently.

What is the Best Age to Create a Will?

The best age to consider creating a will is typically 18 or older, especially if you own assets, have dependents, or want to designate beneficiaries. While many people associate wills with older age, life is unpredictable, and having a will ensures your wishes are honored. Major life events—such as getting married, having children, buying property, or starting a business—are also key moments to create or update a will. Regular reviews every few years or after significant changes in your life help keep it relevant.

How Is a Will Enforced?

After a person passes away, their will goes through probate, a legal process that validates the document and oversees the distribution of assets. Having a properly structured will reduces delays and legal challenges.

Secure Your Legacy with The Cawlfield Law Firm, PLLC

Protecting your assets and ensuring your wishes are honored starts with a well-crafted will. The Cawlfield Law Firm, PLLC provides estate planning services for residents in Celina, Frisco, McKinney, and Prosper, TX. Contact our office today at (972) 382-5400 to schedule a consultation and get started on your estate plan.

Why You Need a Real Estate Attorney When Buying a Home

Tue, 06 Feb 2024 16:53:47 GMT

Buying a Home? Hire a Real Estate Attorney

Buying a home is one of the most significant transactions of a person’s life. It is costing them thousands of dollars of their hard-earned money and the place where countless memories will be made. The legal process behind the sales process involves a lot of contracts, negotiations, inspections, and other legal documents. This can be overwhelming for someone to handle on their own or even understand because there is plenty of legal jargon used. In this blog post, we will explore how having a real estate attorney throughout the sales process can benefit you.

Expertise in Real Estate Law: Real estate transactions involve numerous legal complexities such as zoning regulations, titles, addendums, titles, and contracts. An attorney who specializes in real estate law can help you navigate these legal complexities. They can review all contracts, perform title searches, and explain all legal documents and their meaning to you. This helps you understand all terms and conditions of the sale of the property and helps you make an informed decision.

Contract Negotiation and Review: The purchase agreement is one of the most crucial documents in the buying process. It outlines all details of the purchase such as the price, date of closing, and contingencies. An attorney will review these documents to ensure that you understand the terms and conditions, that your interests are protected, and they adhere to legal requirements. If you do not like the terms of the sales contract, an attorney can also negotiate on your behalf.

Title Search and Insurance: A real estate attorney will conduct a thorough title search to ensure that the property you are purchasing has a clear title, free from any liens or encumbrances. This will help ensure that there are no unforeseen issues that will cost you more time and money to clear. Additionally, they can offer you title insurance which can protect you from unforeseen issues that may arise after purchase.

Handling Complex Legal Procedures: The home buying process involves numerous legal procedures and complexities such as filing legal documents, coordinating with lenders and realtors, and ensuring all regulations are followed. An attorney can handle all these things for you and ensure that all deadlines are met. This will streamline the process for you and reduce any potential headaches.

Mitigating Risks and Disputes: Sometimes legal disputes arise during the sales process that can muddy the waters. An attorney will help you resolve any legal disputes or complications that may arise. They can provide guidance, represent your interests, and help resolve disputes through negotiation or litigation, when necessary. Their presence alone will deter sellers who are fraudulently selling property or doing unethical sales.

Contact Our Local Real Estate Attorney to Get Started

The Cawlfield Law Firm, PLLC is a real estate lawyer serving the Frisco, TX area. When buying a home, it is a smart choice to hire a real estate attorney to guide you through the process. They will ensure that all legal requirements are met and that your interests are protected. Our attorney can help with negotiations, contract review, and title searches. This will help you have peace of mind and enjoy a smooth sales transaction. Contact us today to schedule your consultation appointment!

What Is An LLC and Why You Might Want One

Mon, 19 Apr 2021 10:26:28 GMT

LLC and Business Formation

Are you in the process of forming a new business in North Texas? If so, it is essential that you and your partners put the proper legal structure in place. A limited liability company or LLC is a great option for many business people and entrepreneurs. In this article, our Celina corporate and business law attorneys provide an overview of limited liability companies (LLCs) and explain why you might need one in Texas.

What is a Limited Liability Company (LLC)?

A limited liability company (LLC) is a type of business entity. As defined by the Texas Secretary of State, an LLC “is not a partnership or a corporation but rather is a distinct type of entity that has the powers of both a corporation and a partnership.” In other words, an LLC can be thought of as a hybrid entity that blends some of the advantages offered by forming a partnership and some of the advantages offered by forming a corporation.

The Benefits of Forming an LLC in Texas

If you are setting up a new business in Texas, you may be wondering if an LLC is the right choice. It is important to consider the benefits and drawbacks. Here are three primary advantages of setting up a new small business as a limited liability company:

Cost Effective:

Forming an LLC is not expensive. It is a relatively inexpensive and efficient way to form a new business.

Taxes:

LLCs are taxed as pass-through entities. This means that an LLC does not pay its own taxes. Instead, the income “passes through” the business entity and the individual LLC members are taxed directly on their earnings. In this way, an LLC is similar to a partnership.

Liability Protection:

Perhaps the single most important reason to set up a new business as an LLC is formed liability protection. With an LLC, the owners of the company are generally protected from personal liability. Forming an LLC in Texas will help to ensure that you are not personally responsible for a mistake made by one of your employees.

The Bottom Line: An LLC is an efficient and cost-effective way to set up a new business. It offers a number of different advantages, especially to entrepreneurs forming a small business. Of course, it is not the best option for every situation. Some companies are better set up as a sole proprietorship, partnership, or corporation. If you are forming a new business in Texas, an experienced attorney can help you determine the best legal structure for your circumstances and your objectives.

Call Our Celina, TX Business Formation Lawyer for Immediate Help

At The Cawlfield Law Firm, PLLC, our Texas business formation attorney is an experienced, effective advocate for entrepreneurs. If you have any questions about setting up an LLC, we are more than happy to help. To set up your confidential consultation, please do not hesitate to contact us today. With an office in Celina, we provide corporate and business law services throughout the region, including in Frisco, McKinney, Denton, Lewisville, Garland, Rockwall, and Carrollton.

Legal Planning with Alzheimer’s or Dementia

Thu, 04 Mar 2021 10:18:00 GMT

Organizing Legal Documents When Diagnosed with Alzheimer's or Dementia

Finding out you or a loved one has been diagnosed with Alzheimer’s or dementia is overwhelming. But creating a legal plan for your future can be empowering and can ensure your wishes are met. The earlier you get your legal documents in order, the better prepared you and your family will be. Then you can focus on your health and enjoying your life.

The first step in your planning process is to review any existing legal documents you have in place and make any necessary updates. If you have not executed any type of estate plan before, below is a list of some of the documents you might need. You will want to put together your estate plan while you are still capable of making these important decisions about your future.

Power of Attorney –

to name the person who will take care of your financial decisions when you are no longer able to.

Medical Power of Attorney –

to name the person who will take care of health decisions on your behalf when you are no longer able to.

Advanced Directive/Living Will –

to express your wishes for what medical treatment you want, or do not want, near the end of life, such as life-prolonging treatments.

Adult Guardianship –

to name the person who will take care of you and your property when you are no longer able to. You can also designate if there is someone you do NOT wish to be your guardian.

Last Will and Testament –

to provide instructions on how your property will be distributed upon your death.

Understandably, some people fear that when they execute these documents, they are immediately turning over their rights to others and they are simply not ready to take that ultimate step. However, any legal documents that you execute now, can be written so that they do not become effective until you have been found to be “incapacitated” by a physician. Importantly, legal capacity is most-often guided by the input of your physicians. It is important that you take care of these things as soon as possible to ensure your wishes are met.

Contact Our Certified Attorney to Schedule Your Consultation in Celina, TX

If you need legal assistance, please contact our office at (972) 435-7938 or info@cawlfieldlaw.com . With an office in Celina’s historic downtown square, we serve communities throughout the region, including Collin County, Denton County, Grayson County, Cooke County, Tarrant County, and Dallas County.

Organizing Your Records in Case of Emergency

Fri, 08 Jan 2021 10:13:33 GMT

The Importance of Organizing Your Records in the Event of an Emergency

Keeping your financial records organized and easy to access will be well worth the time spent in the event of an emergency. In order to help you get started, we have put together an Estate Organizer. The Organizer is a form for you to indicate who needs to be contacted in case something unexpected happens to you, and offers a place for you to list where all of your assets and documents are located.

Be sure to keep this somewhere it will be found in an emergency, such as your home office, with your original Will, and/or in your safe deposit box. It is also important to update this document regularly, such as at the beginning of a new year. Once you have completed this form, don’t forget to communicate with someone where they will find this information!

ESTATE ORGANIZER

Reach Out to Our Estate Planning Attorney to Request Assistance

If you need assistance with any aspect of your estate plan, please call us at (972) 449-8557 or contact us online. With an office in Celina’s historic downtown square, we serve communities throughout the region, including in Collin County, Denton County, Grayson County, Cooke County, Tarrant County, and Dallas County.

What is a Special Needs Trust?

Tue, 22 Dec 2020 10:10:31 GMT

What is a Special Needs Trust and What Are the Benefits of Having One?

A special needs trust is a legal arrangement that lets a disabled beneficiary receive financial support without jeopardizing essential government benefits, such as Social Security and Medicaid benefits. The reason this is such an important arrangement is a person cannot qualify for those benefits if they have assets worth more than $2,000.

Many times, the trust is set up for a child to be funded when the last parent dies, perhaps using life insurance, IRAs, or annuities. However, the special needs trust can be set up by any party who wants to provide financial support to a disabled beneficiary.

Another benefit of a special needs trust is the beneficiary may be unable to manage their own finances. When the trust is set up, a trustee will be designated who will manage and distribute the funds on behalf of the beneficiary. The beneficiary of the trust will not have any control over how the funds are distributed. However, the trustee can spend the funds on things that improve the beneficiary’s quality of life, such as:

Phone service
Electronics
Education
Entertainment such as going to the movies, plays, and cultural experiences
Vacations
Eyeglasses
Medical, dental, rehabilitative therapy, and occupational therapy

Contact Our Local Trust Attorney to Request Support

If you need assistance with a special needs trust, please call us at (972) 435-7938 to schedule a confidential, no-obligation initial consultation, or contact us online . With an office in Celina’s historic downtown square, we serve communities throughout the region, including in Collin County, Denton County, Grayson County, Tarrant County, and Dallas County.

How to Choose an Estate Planning Attorney

Thu, 10 Dec 2020 10:06:32 GMT

Choosing the Right Estate Planning Attorney

Estate planning is an important part of financial planning, but something many Americans procrastinate. If you are searching for an Estate Planning Attorney , you are headed in the right direction! Having a valid will, medical proxy, or power of attorney, potentially creating a trust, and maximizing your loved ones’ inheritances by minimizing taxes are all important matters you don’t want to leave to chance.

Having an estate plan in place limits the potential for family discord and possible legal battles should you become incapacitated, as well as after your death. An Estate Planning Attorney can help you prevent crucial oversights and assist you in adjusting your plans as your circumstances, and laws, change.

Here are a few tips for finding the best Celina Estate Planning Attorney for you:

Look for a Specialist

Not all attorneys specialize in estate planning. So, you’ll want to find one whose primary focus is estate and trust law in your state. Ideally, the Estate Planning Attorney has worked in this field for a minimum of three years, so they will be well-versed with the laws of your state and have experience working on estate plans similar to your situation.

If you don’t know where to begin your search, ask friends and neighbors for recommendations. You can also research online to see if the Estate Planning Attorney has a website that has helpful information.

Ask About the Fees

Estate Planning Attorneys’ fees vary by state, experience level, and complexity of the case. Some attorneys charge by the hour, with the average attorney charging anywhere from $250 – $550 an hour. You will want to ask approximately how long it will take them to complete your estate plan.

Others offer a flat fee for their Estate Planning services. If you meet with a flat-fee attorney, find out exactly what the cost includes and ask if it’s based on a set number of visits or just a certain time period. Additionally, determine which documents are covered by the fee and whether the fee includes the cost of any future updates.

You do not want to end up with unexpected costs at the end of this process, so be sure you understand how and when you will be billed.

Recognize This Is an Ongoing Relationship

You will be sharing personal details of your life with your Estate Planning Attorney and you will want to feel comfortable and listened to. A good Celina Estate Planning Attorney should pay attention to the details and ask questions about your situation to tailor a plan unique to you and your needs. Make sure the attorney listens, asks questions and explains things in a way that you understand.

Geography

Your Estate Planning Attorney does need to be licensed in your state, but you do not have to select an attorney that is closest to you. Although it may seem convenient to have your attorney right down the road from you, most firms can accommodate meetings over the phone or via Zoom, so you would only need to go into the office to sign the documents. It is more important to find an attorney you are comfortable working with rather than one that is closest to your home.

Once you find an Estate Planning Attorney that fits your needs, you can complete your estate plan and have the peace of mind that your family will be taken care of when you are unable to care for them.

Contact Our Proven Estate Planning Attorney to Schedule Your Consultation

To schedule a confidential, no-obligation consultation, please call us at (972) 435-7938 or contact us directly online . With an office in Celina’s historic downtown square, we serve communities throughout the region, including in Collin County, Denton County, Grayson County, Cooke County, Tarrant County, and Dallas County.

What do I need to do to prepare for my first estate planning meeting?

Fri, 04 Dec 2020 10:01:47 GMT

What to Prepare Before Meeting with an Estate Planning Attorney

You should receive an Estate Planning Intake Form from our office, prior to your first meeting. This form will guide you through the items you need to consider prior to our meeting.

In the meantime, you can start thinking about people who can manage your affairs, in the event you are unable. Such as:

Executor –

the person responsible for probating your will, distributing assets to the beneficiaries, and filing the estate tax return, if necessary.

Trustee –

the person responsible for the long-term management of property for the beneficiaries.

Guardian of Minor Children –

the person who will take physical care of your minor children should both parents die.

Guardian –

the person who will take physical care of you in the event you are incapacitated.

Power of Attorney –

the person who will be responsible for handling your financial affairs in the event you become incapacitated.

Medical Power of Attorney –

the person who will make medical decisions for you in the event you are unable to make them yourself.

In some cases, the same person may be able to handle several of these designations. But there are times you will want different people to manage the different areas. These are the types of decisions we can help you with.

And finally, start thinking about how you would like to distribute your property in the event of your death.

You do not have to have all of these decisions made before our meeting. We know this is not easy to think about and The Cawlfield Law Firm is here to help!

Are there any documents that would be helpful to bring to my first estate planning meeting?

Although it is not required that you bring these items to our first meeting, gathering your financial documents is certainly helpful.

Financial statements. This includes any bank accounts, retirement plans, mutual funds, etc.
Stock certificates.
Life Insurance policy information.

Fall Estate Planning Checklist

Thu, 12 Nov 2020 09:53:15 GMT

Keeping Your Estate Plan Up-to-Date

A well-crafted, up-to-date estate plan will help to protect you and your family. Yet, Forbes reports that nearly half of adults over the age of 55 do not even have a will—let alone a comprehensive estate plan. At The Cawlfield Law Firm, PLLC , we want to make sure that you have an estate plan for the future that effectively protects you and your loved ones. With a few relatively simple steps, you can get the peace and security that you need. Here, our Celina estate planning lawyer offers an estate planning checklist to help get you started.

Your Estate Planning Checklist for the Fall

1. Draft or Review your Last Will and Testament and/or Living Trust

The first step on your fall estate planning checklist is to review your will. If you do not have a will, it is time to draft a will. Every adult can benefit from a clear, professionally-drafted will. You should review your will on a regular basis. You may also want to set up an alternative estate planning vehicle, such as a living trust. Living trusts (and other types of trusts) are an effective estate planning tool for many Texas families. If you have any questions about whether or not a trust is the right option for your family, an experienced Celina trust attorney can help.

2. Make Sure Your Beneficiary Designations are Up to Date

It is imperative that you update your beneficiary designations on a regular basis. Properly assigned beneficiary designations allow for the smooth transferring of assets/property. Do you know who the beneficiaries are on your 401(k) or IRA account? If not, check to make sure. In too many cases, people forget to update their beneficiaries to account for changing circumstances.

3. Review your Power of Attorney (POA) and Health Care Documents

Estate planning is about more than just deciding who gets what. Your estate plan should protect you in the event that you are severely injured, fall ill, or otherwise become incapacitated. Check to confirm that your plan provides adequate protection. Among other estate planning documents, you may want:

A general power of attorney;
A durable power of attorney;
A special power of attorney;
A health care power of attorney; and
A HIPAA Release.

4. Check Your Life Insurance Coverage

Dealing with the loss of a loved one is never easy—especially when it is unexpected. Life insurance is a valuable resource. It will provide your family members with much needed financial support in their time of need. If you have dependents, you can benefit from the protection provided by life insurance. Make sure you review your coverage to ensure it meets your family’s needs.

Schedule a Confidential Consultation With an Estate Planning Attorney in Celina, TX

At The Cawlfield Law Firm, PLLC, our Texas estate planning lawyer is a skilled, trustworthy advocate for people and families. We are here to help you simplify your most important life decisions. Contact us today for a strictly confidential initial consultation. With a legal office in Celina’s historic downtown, we provide estate planning services throughout the region, including in McKinney, Melissa, Denton, Frisco, Allen, Plano, and Richardson.

Why You Should Stop Procrastinating and Start Putting Together Your Estate Plan

Thu, 22 Oct 2020 09:44:39 GMT

Why You Should Create an Estate Plan

We know estate planning isn’t the most fun thing to think about. We have heard all the excuses. Below we outline the most common reasons why people have not put together their estate plan and why we think you should.

“I don’t really know what estate planning is.”

It is easy to put off something you don’t really know how to do. Luckily, we are here to help. An estate plan is a legal plan that is set up in case anything was to ever happen to you. In it, you designate your beneficiaries, how your assets will be divided, and who will be responsible for handling various aspects of your legacy, including who will care for your children. Not only will your estate plan help ensure your loved ones are cared for long-term, but it will also help alleviate the stress that comes with dealing with logistics during a difficult time.

“I’m too young, I don’t need an estate plan yet.”

The harsh reality is that accidents and tragedies can happen at any age. More than likely you have property or family that needs to be cared for in the event that you can no longer care for them. Almost everyone over the age of 18 should plan for the unexpected.

“I thought estate planning was only for the wealthy.”

If you have a wristwatch, you have an estate. Your home, and all of its furnishings, are part of your estate. Even your pets are within your estate. In fact, if you own the device on which you are reading this, you have an estate. If you would like your property to transfer according to your wishes, you need to have an estate plan. And if you have children, your estate plan will include designating who will be the guardian of your children in the event of a tragedy. Without this planning, decisions will be made by the government and decided for you.

“I don’t have the time or money.”

Many individuals are tempted to delay the process of estate planning because they believe it would be costly, complicated, or time-consuming. The Cawlfied Law Firm is here to help make this process as stress-free as possible. We can meet in person, via Zoom, or over the phone to discuss your needs, whichever is most convenient for you. We also have flat rate fees and coordinate payment-plans. You simply have to take that first step and call us.

“What if I am not sure who I want to designate as my beneficiary or guardian or I change my mind later?”

Your estate plan does not have to be set in stone. Things happen in life where your estate plan will need to be updated. As life changes, so do estate plans. Importantly though, this does not mean you should avoid putting a plan together now because you never know what will happen tomorrow. You can always update it later if you need to.

“I already did my will when I first married. Why do I need to look at it again?”

Your circumstances change with every life event. You may be surprised by how your assets, desired beneficiaries, and designations will change over the years. Any additions or changes to your family are especially important to review to ensure your estate plan stays up-to-date. We suggest reviewing your plan every three to five years.

Stop procrastinating and pick up the phone to call us for a free no-obligation consultation. We are here to educate you about this process and make it as stress-free for you as possible. We can be reached at (972) 435-7938.

5 Smart Estate Planning Tips to Avoid Probate

Thu, 10 Sep 2020 09:31:42 GMT

Estate Planning Tips to Help You Avoid Probate

1. Have a small estate. Your loved ones can distribute your estate among themselves without having to go through court proceedings if you died without a Will and your assets are valued below $75,000 at the time of your death. Your dependents are required to sign an affidavit stating that they are entitled to your property. Upon presentation of this document and the deceased’s death certificate, institutions or persons holding the property will release it to the beneficiaries.

2. Give away your assets while alive. One way to make your assets be exempted from the probate procedure is to reduce its value by sharing it when you are alive. Giving your property away when alive can also help reduce federal and state taxes in the future.

3. Establish a living trust. Trusts are an excellent way to help avoid probate since property held in trust ceases to belong to you upon your death. This is because a trustee controls the trust property and they have to adhere to the terms of the trust agreement when distributing it.

4. Make your accounts payable on death. Your designated beneficiaries automatically inherit money in your bank and other accounts upon your death without the need for probate. When you operate a payable-on-death (POD) account, you reserve exclusive rights to it and you can change the beneficiary when alive.

5. Own property jointly. When you jointly own property with your spouse or someone else in Texas, the asset can be transferred to them upon your death without going through probate. Among the ways to jointly own property include tenancy by the entirety, joint tenancy with right of survivorship, and community property with right of survivorship.

Reasons to Avoid Probate

It can be slow. It can take months or years before a probate court finalizes your estate if the Will is contested. During this time, your beneficiaries do not have access to your accounts to pay for bills, taxes and property insurance, and your funeral costs.

Interference from the court. Court approval must be sought every step of the way during the probate process, including running your businesses and disposing of non-performing portfolios. Your family can suffer when dealing with a judge who meddles with such family financial issues.

It can be costly. Probate fees are one way through which courts obtain funding. Besides, you will have to factor in the charges of the attorney, executor, and appraisers, which are based on the percentage of the estate in Texas. These costs can reduce the value of property left to your beneficiaries.

It is public. Probate is a state legal proceeding. As such, all information about your beneficiaries, assets, liabilities, and personal representatives is in the public record. In Texas, these records can be accessed online, significantly increasing the accessibility of your financial and family information to the public.

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How to Navigate Probate Process

How to Navigate Probate Process

What Is Probate?

Steps in the Probate Process

Common Challenges to Be Aware Of

Tips for Navigating Probate Successfully

When to Seek Professional Help

Contact Our Certified Probate Attorneys to Get Started

What Should Be Included in a Will?

What Should Be Included in a Will? Essential Components of a Written Will

1. Personal Information & Executor

2. Beneficiaries

3. Distribution of Assets

4. Guardianship for Minor Children

5. Debts & Liabilities

6. Funeral & Burial Instructions

How Long Does It Take to Create a Will?

What is the Best Age to Create a Will?

How Is a Will Enforced?

Secure Your Legacy with The Cawlfield Law Firm, PLLC

Why You Need a Real Estate Attorney When Buying a Home

Buying a Home? Hire a Real Estate Attorney

Contact Our Local Real Estate Attorney to Get Started

What Is An LLC and Why You Might Want One

LLC and Business Formation

What is a Limited Liability Company (LLC)?

The Benefits of Forming an LLC in Texas

Call Our Celina, TX Business Formation Lawyer for Immediate Help

Legal Planning with Alzheimer’s or Dementia

Organizing Legal Documents When Diagnosed with Alzheimer's or Dementia

Contact Our Certified Attorney to Schedule Your Consultation in Celina, TX

Organizing Your Records in Case of Emergency

The Importance of Organizing Your Records in the Event of an Emergency

Reach Out to Our Estate Planning Attorney to Request Assistance

What is a Special Needs Trust?

What is a Special Needs Trust and What Are the Benefits of Having One?

Contact Our Local Trust Attorney to Request Support

How to Choose an Estate Planning Attorney

Choosing the Right Estate Planning Attorney

Contact Our Proven Estate Planning Attorney to Schedule Your Consultation

What do I need to do to prepare for my first estate planning meeting?

What to Prepare Before Meeting with an Estate Planning Attorney

Are there any documents that would be helpful to bring to my first estate planning meeting?

Fall Estate Planning Checklist

Keeping Your Estate Plan Up-to-Date

Your Estate Planning Checklist for the Fall

Schedule a Confidential Consultation With an Estate Planning Attorney in Celina, TX

Why You Should Stop Procrastinating and Start Putting Together Your Estate Plan

Why You Should Create an Estate Plan

“I don’t really know what estate planning is.”

“I’m too young, I don’t need an estate plan yet.”

“I thought estate planning was only for the wealthy.”

“I don’t have the time or money.”

“What if I am not sure who I want to designate as my beneficiary or guardian or I change my mind later?”

“I already did my will when I first married. Why do I need to look at it again?”

5 Smart Estate Planning Tips to Avoid Probate

Estate Planning Tips to Help You Avoid Probate

Reasons to Avoid Probate

What Should Be Included in a Will? Essential Components of a
Written Will