Spring, TX estate planning & probate attorney Christine Butts explains what probate is and whether or not it should be avoided. She points out that, in Texas and elsewhere, probate in its simplest form is the process of transferring assets from a deceased person to their beneficiaries or heirs. While that’s a straightforward definition, she notes that many clients feel anxious about probate. Often, when they come to her office, one of the first questions they ask is how to avoid it. Some have had difficult experiences with their own families, while others may be relocating from states in the Northwest or East Coast where probate can be more complicated and costly.

She emphasizes that Texas is unique because it has its own probate code. Unlike many states that follow the Uniform Probate Code, Texas does not. Texas also allows for independent administration, which is similar to informal administration in other states but offers greater efficiency. Independent administration in Texas means that probate can be administered with minimal court supervision. This approach is far more common, less expensive, less complex, and less time-consuming than dependent administration, where the court supervises every action of the fiduciary, executor, or administrator.

Regarding whether probate should be avoided, she acknowledges that there are situations where it makes sense. However, in most cases, she plans using wills and finds them entirely appropriate for her clients. The majority of the estate plans she handles involve wills because she is not concerned about clients needing to go through the probate process. That said, she notes, there are valid reasons to structure a plan to avoid probate, which she addresses as part of her planning process.