In this video, Attorney and Partner John Perches talks about how the Texas Transfer on Death Deed might help your estate avoid probate. Call or text 800-929-1725 for a consultation with one of our attorneys. Appointments can be in-person, online, or by phone. We have offices in Wharton County, Fort Bend County, and Matagorda County.
Summary of Avoiding Probate with the Texas Transfer on Death Deed
I’m John Perches, a partner with the law firm of Wadler, Perches, Hundl, and Kerlick, out of our Richmond, Texas office.
The video I’m bringing you today has to do with avoiding probate. First, what I’d like to talk to you about is the main goal of an estate plan. When we’re setting up an estate plan, the main goal is to make things as easy, smooth, and seamless as possible for those we leave behind when we die. And when you think about it, it’s a time in their lives where they’re already going through a pretty stressful time after the death of a loved one.
And so, as I said, the goal of an effective estate plan is to make things as easy as possible for those loved ones that we leave behind. The first method in which we try to accomplish this is certainly to have a will. But if we can avoid the necessity to probate that will, we’ve made things even easier and more seamless for our loved ones.
Because of a tool that the Texas Legislature created in 2015, called a Transfer on Death Deed, we can set up estate plans, where it is often unnecessary for someone to probate the will. A quick word on probate — what the probate process is.
The probate process starts when the executor named in the will files an application with the court with the help of a lawyer. The application asks the court to acknowledge that will as the deceased’s valid last will and testament and appoint the executor to represent the estate. That used to be the only way people in Texas could transfer title to real property after death.
Now the Transfer on Death Deed essentially creates a beneficiary designation to your real estate. So, upon your death, all that would be required to effectively transfer title to that piece of real property is to file an affidavit with the county clerk where the real estate is, indicating that the owner of the property passed away.
Again, it’s a very effective tool for avoiding probate. The Transfer on Death Deed is something that we recommend to all of our clients who own real property who are going through estate planning.
Get Started with Creating or Updating Your Estate Plan
I would suggest you give me a call, 800-929-1725, or look us up on our website, www.wphk-law.com, to set up a consultation to discuss your estate plan and specifically how transfer on death deeds might play into it.