Have you ever wondered if your family might unknowingly make a mistake during the probate process? The idea of handling a loved one’s estate can feel overwhelming especially when emotions are running high and legal steps must be followed carefully. Unfortunately, many families across Texas fall into the same avoidable traps when it comes to probate. The good news is that understanding these common mistakes now can make all the difference when it matters most. 

Probate in Texas is the legal process of settling an estate after someone passes away. That includes identifying and valuing assets, paying off debts and taxes, and distributing what is left to the rightful beneficiaries. The probate process and required documents can become stressful fast if you are not fully prepared. Let’s take a closer look at three common mistakes families make and how proper estate planning can help you avoid them altogether. 

One major misstep is assuming that everything will automatically transfer without probate. In Texas assets do not always pass to heirs unless the ownership was clearly set up to do so. For example, jointly owned property with the right of survivorship or accounts with named beneficiaries may avoid probate but other assets will not. Families are often surprised to learn that even if there is a last will and testament the estate still must be probated to validate the document and begin the legal process. This mistake can delay distribution and create confusion among loved ones. 

Another mistake is failing to locate or update key estate planning tools. In the probate process the court will look to the most recent and valid last will and testament. If an outdated version is found or worse there is no will, the process becomes more complicated. Without proper durable powers of attorney or clear instructions regarding health care and finances families can be left without the legal authority they need to help during a crisis. It is critical to review and update your documents, especially after major life events such as a marriage, divorce or relocation. 

Finally, many people underestimate how much time probate can take and how much it can cost. In Texas even straightforward probate cases require time for court filings, legal notices, and asset review. Disagreements among beneficiaries or creditors can cause even further delays. With the right planning families can use tools such as revocable living trusts, transfer on death deeds, and updated beneficiary designations to help streamline or avoid probate altogether. These tools can also reduce court involvement and preserve more of your legacy for your loved ones. 

We know this blog may raise more questions than it answers. At The Law Office of Angela Odensky PLLC we are here to help families across Texas understand the probate process and avoid common mistakes that could delay or complicate estate administration. Whether you are planning ahead or navigating probate after a loss we are here to support and guide you every step of the way. Contact us today to schedule a consultation.