Client Resources

At Cowan & Associates, PLLC, we believe informed clients make better decisions. The resources below provide a foundation for understanding estate planning and probate in Texas. These materials are for general informational purposes — for advice specific to your situation, please schedule a consultation.

Estate Planning Checklist

Use this checklist to assess whether your estate plan is complete:

• ✓ Do you have a current, properly executed will?
• ✓ Is your will up to date with your current family and asset situation?
• ✓ Do you have a durable power of attorney for financial matters?
• ✓ Do you have a medical power of attorney?
• ✓ Have you executed a Directive to Physicians (Living Will)?
• ✓ Are your beneficiary designations (IRAs, life insurance, 401k) current and coordinated with your will?
• ✓ Have you named a guardian for minor children?
• ✓ Do you have a living trust if appropriate for your situation?
• ✓ Is your trust properly funded?
• ✓ Does your estate plan address potential federal estate tax exposure?

Texas Probate Overview

Texas offers several probate procedures depending on the circumstances of the estate:

• Independent Administration — Available when the will authorizes it or all heirs agree. Most common and efficient Texas probate path.
• Dependent Administration — Court-supervised process. Required when will doesn't allow independent administration and heirs can't agree.
• Muniment of Title — Simplified process for estates with no unpaid debts and only real property to transfer.
• Small Estate Affidavit — For estates under $75,000 (excluding homestead and exempt property) with no real property.
• Heirship Proceeding — Required when there is no will to determine who inherits under Texas intestacy law.

Texas Community Property Basics

Texas is a community property state. Property acquired during marriage is generally owned equally by both spouses. Separate property (owned before marriage or received as gift or inheritance during marriage) remains the individual spouse's property. Understanding community property is essential to effective estate planning in Texas.

Useful Links

• Texas Courts — Probate Information
• IRS — Estate and Gift Tax Information
• State Bar of Texas