Every year many Texans die without a Texas will because of a number of reasons: the natural fear of death, uncertainty over the probate process and its costs, sheer procrastination and the fear of an exorbitant attorney’s bill. However, these things you can control; you should have a greater fear of the things you cannot control should you die without a Texas will. Real dangers lie here—some obvious, some not so obvious.

1. Even good kids can turn on each other when dividing up the poorest and smallest estates. Your kids need your authority and guidance on how you want your estate divided between them (or not). A Texas will can legally mandate how your possessions may be divided. Having a Texas will alleviates much family strife, keeping the family united during a time in which family is most important. 2. You may be subject to the federal estate tax and Texas inheritance tax. If you fall subject to such taxes, your estate could be taxed up to 60%. If you have certain assets you wish to pass down to your family such as a business or family farm, etc., such tax could disrupt your plans severely. However, with proper planning through a Texas will, you can avoid the estate tax significantly, if not entirely. 3. Your assets could be trapped out of your spouse or family’s reach and go to the State. If you die without a Texas will to be probated, your assets, such as checking, savings and investment accounts, will eventually escheat (go) to the State of Texas after a period of inactivity unless your family probates your estate. 4. Probating an estate without a Texas will can be very costly. If your spouse or family probate your intestate estate (meaning dying with no Texas will) in order to reach your assets, the courts will appoint an administrator to divide your assets. The courts will require the administrator to be paid. Additionally, every decision, every sale of an asset to pay off a debt, every bequest will have to be approved by a court. This process proves costly, requiring hearings and lawyers. Furthermore, the courts will determine who your heirs are according to statute, and not you. 5. Living trust and TOD (transfer on death) accounts will never let you fully escape probate. Many financial advisors espouse having a living trust in order to avoid a costly probate process. This can be a great strategy especially in states such as California where the probate process can be very costly. However, can you prove that you have moved all of your property into the trust? Even if you could, this process would prove too laborious to maintain. A Texas will allows for you to deal with ALL of your assets without having to itemize every one of your possessions. Additionally, Texas is not California; accordingly, our probate costs are much cheaper.

A Texas will can eradicate such dangers and keep you in the driver’s seat even after your death—and at an affordable price.

With a Texas will in place, costs can be controlled. The probate of the average estate with a Texas will generally will cost one $250 in court costs and approximately $2,000.00 in attorney’s fees (should your family decide to hire one to handle the process). The probate of an intestate estate could cost you much more than that in attorney’s fees and administrator’s fees.

Further, you can appoint an independent executor in your Texas will, who will be able to handle the division of your assets according to your wishes without court supervision. You do not have to necessarily compensate such executor. MyCustomWill.com helps you sort out all these issues while remaining affordable.

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