Some attorneys feel that the probate court system in Texas may be a good alternative to a living trust. I disagree. I’m not sure why they feel this way. I’ve heard their arguments, but I’m not persuaded.

It is true that the probate court process for a will in Texas is relatively easier, quicker, and lower cost than the probate court process in other states.

In Texas, you must use an attorney to probate a will. In other states, this may or may not be required. This aids the efficiency of the probate court process, but it adds the expense of hiring an attorney to guide you through the process.

Even if you have a Texas will and have to go through the probate court process in Texas, you may also have to court through the probate court process in other states as well. That’s because if you own property, particularly real estate, in other states, it’s likely that you’ll have to go through the probate court process in each of those states. And most states, as mentioned above, take longer and cost more than does the process in Texas.