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If you expect an inheritance, you may assume you’ll receive your full share of the estate. However, the probate process can sometimes reduce the amount beneficiaries ultimately receive. Between court costs, legal fees, taxes, and creditor claims, probate can take a significant financial toll on an estate—leaving heirs with less than anticipated.
Whether you’re a beneficiary in El Paso, Dallas-Fort Worth, or elsewhere in Texas, understanding how probate works and its potential impact on your inheritance is essential. Here’s what you need to know about probate and how to minimize its effects.
How Probate Affects an Inheritance
Probate is the legal process that oversees the distribution of a deceased person’s assets. If a person dies with a will, probate ensures their wishes are fulfilled. If they die without a will, the court distributes their assets based on Texas intestacy laws. Either way, probate involves several steps that can reduce the size of the estate before beneficiaries receive their inheritance.
Some of the biggest factors that impact the final amount heirs receive include:
- Court and legal fees – Probate requires filing fees, attorney fees, and sometimes executor compensation.
- Creditor claims – Outstanding debts, including medical bills and credit cards, must be paid before distributions.
- Estate taxes (if applicable) – Texas does not have a state estate tax, but federal estate taxes may apply to high-value estates.
- Administrative expenses – Costs for property appraisals, maintenance, and other services can add up.
By the time these expenses are covered, the remaining assets distributed to beneficiaries may be significantly less than expected.
How Long Does Probate Take?
Another concern with probate is the time it takes to settle an estate. While some estates may be resolved within a few months, others can take a year or longer—especially if disputes among heirs, complications with creditors, or issues locating estate assets.
During this time, beneficiaries may have limited or no access to their inheritance. For families in El Paso, this delay can be particularly frustrating when they need funds for immediate expenses, such as mortgage payments or medical bills.
Ways to Minimize Probate Costs and Delays
While probate is necessary in many cases, there are strategies to reduce its impact on your inheritance.
- Trusts – Assets in a trust avoid probate entirely and pass directly to beneficiaries.
- Beneficiary designations – Accounts like life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts do not go through probate.
- Joint ownership – Property held in joint tenancy with rights of survivorship automatically transfers to the surviving owner.
- Small estate affidavits—In Texas, smaller estates may qualify for a simplified probate process, which reduces costs and delays.
If you’re concerned about probate affecting your inheritance, consulting an estate planning attorney can help you explore options to preserve more of the estate for beneficiaries.
How the Law Office of Carey Thompson Can Help
If you are navigating probate in El Paso or Dallas-Fort Worth and are concerned about its impact on your inheritance, the Law Office of Carey Thompson can provide the guidance you need. Whether you’re a beneficiary trying to ensure fair distribution or an executor managing estate expenses, we offer legal strategies to streamline the process and protect estate assets. Call today to schedule a consultation.