Estate planning is how you decide, in advance, what happens to your property and who makes decisions for you if you become unable to make them yourself — rather than leaving those decisions to Texas default law or a court proceeding your family has to navigate without your guidance. Hargrave Law, PC has helped Bedford individuals and families build estate plans since 1999, from straightforward wills to more involved trust and probate-avoidance strategies. Our office sits directly in Bedford at 2719 Northridge Dr #200, and Earl A. Hargrave meets with every client personally rather than delegating estate planning to a rotating team.
This page covers the estate planning and probate services we provide Bedford clients, how Texas law and the Tarrant County probate court actually handle these matters, what the process and timeline look like in practice, and the questions we hear most often. Whether you are building a plan from scratch or serving as an executor for a loved one’s estate, understanding how these processes really work will help you make more confident decisions.
Wills & Trusts
A will lets you name an executor to administer your estate, direct how your property is distributed among beneficiaries, name a guardian for minor children, and specify your wishes for funeral and burial arrangements. To be valid under Texas law, a standard will generally must be in writing, signed by the person making it, and signed by two credible witnesses who are at least 14 years old and watched the testator sign or acknowledge the will. Texas also recognizes holographic wills — entirely handwritten and signed by the testator, without witnesses — though these carry more risk of ambiguity and challenge than a properly witnessed will, and we generally recommend against relying on one when a witnessed will is an option.
A trust adds flexibility a will alone cannot provide. Assets placed in a trust are managed by a trustee according to terms you set, which can include distributing funds gradually over time rather than all at once, providing for a beneficiary who cannot manage money independently without disqualifying them from public benefits, or avoiding probate entirely for the assets the trust holds. Trusts can be revocable, meaning you retain the ability to change or dissolve them during your lifetime, or irrevocable, which offers stronger creditor protection but far less flexibility once established. For many Bedford clients, the right answer is a will alone; for others, particularly those with more complex assets, blended families, or a beneficiary who needs ongoing financial oversight, a trust adds real value. We help you determine which combination actually fits your situation rather than defaulting to a one-size-fits-all recommendation.
Whoever you name as executor should be someone you trust to handle financial and administrative responsibilities competently, who is realistically able to serve given their location and availability, and who can navigate potential friction among beneficiaries if it arises. We also recommend reviewing your will and any trusts after major life events — marriage, divorce, the birth of a child, a significant change in assets, or the death of a named executor or beneficiary — since an outdated plan can create as much confusion as no plan at all.
A complete estate plan typically includes more than just a will or trust. Most Bedford clients also execute a durable power of attorney, which names someone to handle your financial affairs if you become incapacitated, and an advance healthcare directive, which lays out your medical treatment preferences and names someone to make healthcare decisions on your behalf if you cannot make them yourself. Without these documents in place, your family may need to petition a court for guardianship just to manage your affairs during an incapacity — a process that is slower, more expensive, and more public than simply having the right documents already signed.
Probate
When a Bedford resident passes away, their estate generally has to go through probate before assets can be legally distributed to beneficiaries. The process starts when the named executor files the will with the Tarrant County probate court along with an application to be formally appointed. Once the court appoints the executor, they identify and inventory the estate’s assets, notify creditors and beneficiaries as required by law, pay valid debts and taxes from estate funds, and distribute what remains according to the will. Texas offers independent administration in most cases, which is a significant advantage over the court-supervised process required in many other states — it allows the executor to handle most of these steps without seeking separate court approval for each individual action.
When someone dies without a will, their estate is administered under Texas intestacy law instead, and the court appoints an administrator, often a close family member, to fulfill largely the same responsibilities an executor would, but following the state’s fixed distribution scheme rather than the deceased person’s own wishes. This is one of the strongest arguments for having a will in the first place: without one, your property passes according to a formula that does not account for your actual relationships or intentions, which can produce results — like unintended co-ownership between a surviving spouse and children from a prior relationship — that most people would never have chosen.
Not every probate case proceeds smoothly. Will contests, disputes over an executor’s conduct, and disagreements among beneficiaries can turn what should be a straightforward estate into contested litigation. We represent clients on both sides of these disputes, whether you are an executor defending your administration of the estate or a beneficiary with concerns about how it is being handled.
Avoiding Probate
Probate is not always required, and many Bedford clients specifically want to structure their estate to minimize or avoid it entirely, saving their families time, cost, and the relatively public nature of the court process. Several tools can help accomplish this: a living trust allows assets titled in the trust’s name to pass to beneficiaries according to the trust terms without going through probate at all; a transfer-on-death deed lets real estate pass directly to a named beneficiary while the owner retains full control of the property during their lifetime; beneficiary designations on retirement accounts, life insurance policies, and payable-on-death bank accounts allow those assets to pass directly to named beneficiaries outside of probate; and joint ownership with right of survivorship automatically transfers property to the surviving co-owner.
Texas also offers simplified procedures for smaller estates, including a small estate affidavit for qualifying estates below a specific statutory value threshold that meet other requirements, which can allow heirs to collect assets without a full, formal probate proceeding. Even with a living trust in place, most estate plans still include a “pour-over” will to catch any assets that were not formally transferred into the trust during your lifetime, ensuring nothing is left to pass under Texas intestacy law by default.
A common misconception is that simply adding a child as a joint owner on a bank account avoids probate cleanly and without risk. It does pass the account outside probate, but it also gives that child immediate legal rights to the funds during your lifetime — rights that can create complications, including exposure to that child’s creditors or a divorce. A payable-on-death designation often accomplishes the same probate-avoidance goal with fewer of those risks, and we help Bedford clients weigh these tradeoffs based on their actual family situation.
Asset Protection
Asset protection planning uses legal strategies, put in place proactively and well before any claim arises, to help shield assets from future creditor claims. This is fundamentally different from trying to hide or transfer assets after a lawsuit or claim has already surfaced — transfers made at that point can be challenged and unwound as fraudulent, and attempting them can create serious legal exposure of its own. Effective asset protection has to be built into your planning early, often years before it is ever actually needed.
For Bedford clients, this commonly involves structuring business ownership to separate personal and business liability, using certain trust structures that offer creditor protection while still meeting your estate planning goals, and understanding which assets already carry some protection under Texas law, such as homestead protections for a primary residence. Texas has some of the strongest homestead protections in the country, generally shielding a primary residence from most creditor claims regardless of its value, though that protection has specific limits and exceptions, including for certain tax debts, mortgage obligations, and mechanic’s liens. Understanding exactly what is and is not already protected under existing Texas law is often the starting point before deciding what additional planning actually makes sense.
We evaluate your specific risk factors — whether from a profession with liability exposure, business ownership, or simply a desire for additional financial security — before recommending a strategy, since asset protection planning that is generic rather than tailored to your actual risks often falls short when it matters most.
Common Misconceptions About Estate Planning
One misconception we hear often from Bedford clients is that estate planning is only necessary for the wealthy. In reality, anyone with a home, a bank account, minor children, or specific wishes about who should make medical decisions on their behalf benefits from at least a basic plan — the alternative is letting Texas default law and, potentially, a court decide those questions instead. Another common assumption is that a will avoids probate; it does not. A will is actually a document that goes through probate — it tells the court and your executor how to distribute your property once the process is underway. Avoiding probate requires different tools entirely, such as a living trust or beneficiary designations.
We also hear from clients who put off estate planning because they assume it requires having everything about their financial life fully settled first. In practice, an estate plan can and should evolve as your circumstances change — starting with a solid foundation now is far better than waiting for a hypothetical “right time” that may never arrive, particularly since incapacity or death rarely come with advance warning.
Why Bedford Families Choose Hargrave Law
Direct Access to the Tarrant County Probate Process
When a Bedford resident’s estate goes through probate, it is typically administered through the Tarrant County probate courts, and understanding local filing procedures and how those courts handle both routine and contested matters makes a meaningful difference in how efficiently an estate is settled. Our Bedford office keeps us directly accessible to the families and executors we represent, without requiring a drive across the Metroplex for every meeting.
Getting Started
Every estate plan starts with a consultation to understand your family, your assets, and your actual goals — not a generic template applied to every client. Call Hargrave Law, PC at 817-282-0679 to schedule a consultation and start building an estate plan that reflects what you actually want.
Frequently Asked Questions
Q1. What happens if I die without a will in Bedford, Texas?
Your property passes according to Texas intestacy law, a fixed formula that distributes assets among your spouse, children, and other relatives without regard to your personal wishes. This can produce outcomes, like unintended co-ownership between a surviving spouse and children from a previous relationship, that most people would not have chosen for themselves.
Q2. Do I need a trust, or is a will enough for a Bedford estate plan?
Many people only need a will, but a trust becomes valuable if you want to avoid probate, control how and when beneficiaries receive assets, or provide for a beneficiary who cannot manage funds independently. Whether a trust makes sense depends on your specific assets, family situation, and goals.
Q3. How long does probate take in Bedford, Texas?
A straightforward, uncontested probate handled through independent administration in Tarrant County can often be completed within a few months to about a year, while contested cases or estates with complex assets typically take considerably longer.
Q4. Does a will avoid probate in Texas?
No — a will actually goes through probate, where the court validates it and appoints the executor to carry out its instructions. To avoid probate for specific assets, you generally need separate tools like a living trust, beneficiary designations, or a transfer-on-death deed.
Q5. How do I get started on a Bedford estate plan?
Call Hargrave Law, PC at 817-282-0679 to schedule a consultation. We review your family situation and assets directly with you before recommending an approach tailored to your actual goals.
