An estate plan is how you decide, while you are able to, what happens to your property and who makes decisions for you if you cannot make them yourself — rather than leaving those questions to Texas default law and, potentially, a court proceeding your family has to navigate without guidance. Hargrave Law, PC has represented Hurst families from our nearby Bedford office since 1999, and Earl A. Hargrave meets with every client personally to build a plan around their actual situation rather than a generic template.
This page covers the estate planning and probate services we provide Hurst clients, how Texas law and the Tarrant County probate court handle these matters, what the process realistically looks like, and the questions we hear most often from local families.
Wills & Trusts
A will lets you name an executor, direct how your property is distributed among beneficiaries, name a guardian for minor children, and specify your wishes for funeral arrangements. Texas requires a standard will to be in writing, signed by the person making it, and signed by two credible witnesses at least 14 years old who watched the testator sign or acknowledge it. Texas also recognizes handwritten holographic wills without witnesses, though these carry more risk of ambiguity or challenge than a properly witnessed will.
A trust adds flexibility a will alone cannot provide, letting a trustee manage assets according to specific terms you set — distributing funds gradually 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 it holds. Many Hurst families with straightforward estates only need a will, but a trust becomes valuable for blended families, beneficiaries who need ongoing financial oversight, or clients specifically prioritizing probate avoidance. Trusts can be revocable, allowing changes during your lifetime, or irrevocable, offering stronger creditor protection at the cost of flexibility.
A complete plan typically also includes a durable power of attorney, naming someone to manage your finances if you become incapacitated, and an advance healthcare directive, laying out your medical treatment preferences and naming a decision-maker. Without these documents, your family may need to petition a court for guardianship just to manage your affairs — a slower, costlier, and more public process than having the right paperwork in place beforehand.
We recommend Hurst clients revisit their estate plan after significant life events — a marriage, divorce, the birth of a child, a change in assets, or the death of a named executor or beneficiary — since a plan that no longer reflects your actual family or financial situation can create as much confusion as never having a plan at all.
Probate
When a Hurst resident passes away, their estate generally has to go through the Tarrant County probate court before assets can be legally distributed. The named executor files the will with the court along with an application for appointment; once appointed, they identify and inventory the estate’s assets, notify creditors and beneficiaries as required, pay valid debts and taxes, and distribute what remains according to the will. Texas allows independent administration in most cases, which lets the executor handle most of this process without seeking separate court approval for each individual step.
When someone dies without a will, Texas intestacy law governs instead, and the court appoints an administrator, often a close family member, to fulfill similar duties following the state’s fixed distribution formula rather than the deceased person’s actual wishes. This is a central reason to have a will: without one, your property passes according to a scheme that has nothing to do with your actual relationships or intentions.
Probate does not always go smoothly. Will contests, disputes over an executor’s conduct, and disagreements among beneficiaries can turn a routine estate into contested litigation, and we represent Hurst clients on both sides of these disputes.
Avoiding Probate
Many Hurst clients want to structure their estate specifically to minimize or avoid probate, saving their families time, cost, and the relatively public nature of the court process. A living trust allows assets titled in its name to pass to beneficiaries according to the trust terms without probate; a transfer-on-death deed lets real estate pass directly to a named beneficiary while you retain full control during your lifetime; beneficiary designations on retirement accounts, life insurance, and payable-on-death bank accounts pass those assets directly outside of probate; and joint ownership with right of survivorship automatically transfers property to the surviving co-owner.
Texas also offers a small estate affidavit for qualifying estates below a specific statutory value threshold, letting heirs collect assets without a full, formal probate proceeding. Even with a living trust in place, most plans still include a “pour-over” will to catch any assets left outside the trust, ensuring nothing defaults to Texas intestacy law by oversight.
A common misconception is that adding a family member as a joint account owner is a clean way to avoid probate. It does move the account outside probate, but it also gives that person immediate legal rights to the funds during your lifetime, exposing the account to their creditors or a divorce. A payable-on-death designation often achieves the same result with meaningfully less risk.
Asset Protection
Asset protection planning uses legal strategies, established proactively and well before any claim arises, to help shield assets from future creditor claims. This is fundamentally different from moving or hiding assets after a lawsuit or claim already exists, which can be unwound as a fraudulent transfer and create legal exposure of its own. Effective planning has to be built in early.
For Hurst clients, this often involves understanding what protections Texas law already provides, including strong homestead protections that shield a primary residence from most creditor claims regardless of value, subject to specific exceptions like certain tax debts and mortgage obligations, along with structuring business ownership and considering certain trust arrangements for additional protection. We evaluate your actual risk factors before recommending a strategy tailored to your situation rather than a generic approach.
Retirement accounts and certain insurance proceeds already carry some built-in protection under Texas and federal law, though the extent varies by account type and by the nature of the claim involved. Understanding what protection already exists, rather than assuming additional planning is needed everywhere, helps us focus your plan on the areas that actually need it.
Common Misconceptions About Estate Planning
A common misconception among Hurst clients is that estate planning is only for the wealthy or the elderly. In reality, anyone with a home, a bank account, minor children, or specific medical decision-making preferences benefits from at least a basic plan. We also hear from clients who delay planning because they assume it requires having their entire financial picture settled first; a solid estate plan can and should evolve as your circumstances change, and starting now is far better than waiting for a hypothetical “right time.”
Why Hurst Families Choose Hargrave Law
Familiar With Tarrant County Probate
Hurst estates typically go through the Tarrant County probate courts in Fort Worth, and understanding local filing procedures and how those courts handle both routine and contested matters helps move an estate through the process efficiently. Our nearby Bedford office keeps Hurst families close to direct access to their attorney.
Getting Started
Every estate plan starts with a consultation focused on your family and your actual goals. Call Hargrave Law, PC at 817-282-0679 to schedule a consultation and start building a plan for your Hurst estate.
Frequently Asked Questions
Q1. What happens if I die without a will in Hurst, Texas?
Your property passes under Texas intestacy law, a fixed formula distributing assets to your spouse, children, and other relatives regardless of your personal wishes, which can produce results your family would not have chosen.
Q2. How long does probate take for a Hurst estate?
An uncontested probate handled through independent administration in Tarrant County can often be completed within a few months to about a year, while contested cases typically take longer.
Q3. 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. Avoiding probate requires separate tools such as a living trust or beneficiary designations.
Q4. What is a durable power of attorney, and do I need one?
It is a document naming someone to manage your financial affairs if you become incapacitated. Without one, your family may need to petition a court for guardianship, which is slower, more expensive, and more public than having the document already in place.
Q5. How do I get started on a Hurst estate plan?
Call Hargrave Law, PC at 817-282-0679 to schedule a consultation. We review your family situation directly with you before recommending an approach suited to your actual goals.
