Probate and Trust Administration Simplified for Families
- Sandra Ard
- Sep 11
- 2 min read
Probate and trust administration are essential legal processes for handling a loved one’s estate. In Texas, probate can last six months to a year and often costs up to 5% of the estate’s value. Trust administration, on the other hand, may avoid these delays — but only if the trust is properly funded and managed. Understanding both processes helps families make informed decisions during an already difficult time.
Understanding Probate in Texas
Probate is the court-supervised process of validating a will and distributing assets. Texas does offer an “independent administration” option, which is faster and less expensive than other states. Still, families face court filings, deadlines, and creditor claims before assets can be transferred.
Key Probate Steps:
Filing the will with the court.
Appointing an executor.
Inventorying all assets and debts.
Paying taxes and creditors.
Distributing what remains to heirs.
Trust Administration: A Faster Alternative
Trust administration avoids probate if the deceased’s assets were properly transferred into the trust. Instead of court oversight, the trustee carries out the terms of the trust directly.
Advantages of Trusts:
Privacy: Unlike probate, trust details are not public record.
Speed: Assets can be distributed in weeks instead of months.
Reduced Cost: Legal and court fees are significantly lower.
Common Challenges in Probate and Trust Administration
Unclear instructions in estate documents.
Disputes among heirs over property or inheritance.
Unfunded trusts — when assets were never transferred into the trust.
In fact, studies show that up to 70% of family wealth is lost by the second generation due to poor planning or disputes.
How an Attorney Helps Families
Experienced attorneys streamline both probate and trust administration by:
Ensuring all legal deadlines are met.
Helping executors and trustees avoid personal liability.
Preventing costly disputes among family members.
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