For aging landowners, protecting your property and your legacy through estate planning should be a top priority. By taking the time to plan out what will happen to your estate after you’re gone, you can save your heirs lots of time and money down the line.
During a recent episode of the National Land Podcast, Professor Tiffany Lashmet outlined the importance of estate planning and discussed the role that probate plays in the inheritance process. Here’s what landowners should know about probate and how it will impact their estate.

What is Probate?

Probate is the legal process that moves assets out of the deceased person’s name and into the heirs’ names. As ag-law expert Prof. Tiffany Lashmet explains, it’s “just the process of getting assets out of the person who’s passed away…into the heirs’ name,” and skipping it “can really result in some complicated issues for heirs down the road.”

How Probate Works Step-by-Step

In a typical case, someone files a probate action, the will is introduced, creditors and potential will-contestants have a window to act, and the court appoints an executor. The court issues Letters Testamentary, which authorize the executor to sign documents that actually transfer property from the estate to new owners.

With a Will vs Intestate (No Will)

Probate happens whether you die with a will or without one; the difference is time, cost, and control. “If you want to save money, die with a will,” Lashmet notes, because probate “takes longer” and is “far more expensive” without one. Without a will, the state legislature is left to decide where your assets go.

What Actually Transfers Assets After Death?

A will states intent, but probate is the execution arm that makes the transfer legally happen (e.g., signing the deed from the estate to the heirs). “The will itself doesn’t do that…you go through the probate process to get someone appointed who has the authority…to deed that property over to the heirs.”

State-by-State Differences

Probate rules and pain vary widely. Lashmet notes Texas is generally navigable, while in other states, you may need additional guidance to handle probate because it’s “so cumbersome and so expensive.” Regardless of location, having a will executed validly before you die will save your heirs time and money.

Thinking of selling land or preparing an estate plan? Our team can help you prepare. Reach out to your local National Land Realty agent for a confidential pre-listing probate checkup and referrals to land-savvy estate attorneys.