This episode of the Texas Probate Real Estate Podcast is a conversation between Jeremy Kritt and attorney Keely Espindola Freund of Heritage Law, serving Travis, Williamson, and Bell County. It is full of the kind of lessons families only learn once they are in the middle of it: that naming two executors usually doubles the work instead of halving it, that the cheapest attorney can be the most expensive, and that good estate planning is, in her words, the last gift you can give your family.
This is a navigable recap with the concrete stories pulled out. For targeted breakdowns, see the linked posts at the bottom.
This article is for informational purposes only and is not legal advice. Talk to a licensed Texas probate attorney about your specific situation.
Topics covered
- It is okay to pause and grieve before calling the attorney
- Choosing the right attorney, and the cheap-counsel story that cost tens of thousands
- Flat fee versus hourly, explained from the attorney’s side
- Why naming two co-executors doubles the work
- Muniment of title and getting organized before probate
- AI and DIY wills that are not validly executed
- Estate planning as the last gift
Pause Before You Panic-Dial the Attorney
Freund’s first point is human. Families call the office a few hours after someone passes, panicked that they will do something wrong. Unless there is a sale already in motion or something urgent, most families have a minute. Go be with your loved ones, grieve, and gather what you need before jumping in and creating new problems for yourself. The attorney’s office is there as support when you need it, not necessarily the same day.
Choosing the Right Attorney: The Cheap-Counsel Story
A recurring theme: people choose an attorney on price alone, and it backfires. Jeremy shares a client who used a very cheap nationwide lead-generation type service where you could essentially only communicate through their platform. The client had a complicated situation, could not get questions answered timely, and it dragged on. Eventually the client and attorney bypassed the system to actually work together. Going cheap on legal cost him far more money in the end.
Freund’s advice: read reviews, sit down for a consultation even if there is a charge, and make sure this is the attorney’s main practice, not something they do on the side. Someone familiar with your specific county matters too, because Travis, Williamson, and Bell County all handle things slightly differently and a known process moves faster. Jeremy adds a related example: a “case mill” that filed a client’s probate incorrectly while the house was heading to foreclosure, a mistake that cost the client tens of thousands.
Flat Fee vs. Hourly, From the Attorney's Side
Freund explains both models honestly. Hourly is used when the case size is unknown, especially with fighting families and contested matters that drag out. Flat fee works for cut-and-dry, uncontested cases where the office can quote a price because they know the court costs, publication costs, and typical time. She also notes a flat fee removes the anxiety where clients are afraid to call the attorney because every email and phone call is billed, which she says is horrible and not how it should be. On her end, she does not collect the full fee until the work is done, so the incentive aligns: finish it well for the client and for herself.
Naming Two Executors Doubles the Work
This is the episode’s signature lesson. Families think naming two people is half the work each. Freund’s experience is the opposite. If two people serve, she has to draft two of many documents and both have to come to court. She had two brothers in the day before who, once they learned the flat fee was higher with both serving, decided one would do it and the other declined to serve.
Her broader counsel: if your kids do not get along while you are alive, adding money and a house sale will not improve the relationship. For co-owners through transfer-on-death or Lady Bird deeds, every small decision now requires two people who may not agree. She and Jeremy agree the co-executor scenario is usually not a good option. Better to have one clear decision-maker, the executor or trustee, talking to the real estate agent with the authority to act.
Get Organized Before You Run to Probate
Freund advises families to first see how much they can do without involving the court. A bank account with a named beneficiary can transfer without ever touching probate. Texas also has the muniment of title, a simplified, quicker, usually cheaper version of probate, but it applies only to limited situations and does not appoint an executor. So understand what you actually need access to first. If you do the easy muniment just to move the house and then discover a bank account, you have no executor to reach it.
AI, DIY Wills, and the Last Gift
Freund notes a real trend: people taking matters into their own hands with AI and online tools. She mentions a rule that attorneys using AI in Williamson County must disclose it, because AI pulls from many sources and is not the Texas probate code. The bigger danger: DIY wills that are not executed correctly, which can leave a person effectively without a valid will, and the family does not find out until after death. Jeremy adds his own story of a client scanning every page of the listing agreement into ChatGPT and asking questions the AI raised that did not apply to his situation, confident but missing context.
Freund closes where she started: estate planning is one of the last gifts you can give your family. Proper deeds, the right real estate agent, and a clear chain of title make it far easier on the people you leave behind.
Watch the full episode on YouTube: Real Texas Family Probate Stories: Lessons Executors Learn the Hard Way
Frequently Asked Questions
Should I name two co-executors so the work is shared?
According to attorney Keely Espindola Freund, naming two usually doubles the work, not halves it. Many documents must be drafted twice and both must appear in court. One clear decision-maker is generally better.
Is it okay to wait before contacting a probate attorney?
Yes, in most cases. Unless there is a sale in motion or something urgent, families generally have time to grieve and gather documents before starting. The attorney is there as support when you are ready.
How should I choose a probate attorney?
Read reviews, have a consultation even if it costs something, confirm probate is their main practice, and choose someone familiar with your county’s process. Choosing on price alone can cost far more later.
What is the difference between flat fee and hourly probate billing?
Hourly is typical for contested or unpredictable cases. Flat fee works for uncontested, predictable ones and removes the anxiety of being billed for every call or email. Ask which model fits your situation.
Are AI-generated or DIY wills risky in Texas?
They can be. Freund warns that DIY wills are often not executed correctly, which can leave someone without a valid will, and nobody finds out until after death. Have a qualified attorney handle it.
The Last Gift Is Getting This Right
The families who do best are the ones who pick the right professionals and keep one clear decision-maker. I help families across Central Texas sell inherited and probate real estate, and I work alongside good probate attorneys to keep the process clean.
If you are facing a Texas estate, reach out for a free, no-obligation call. We will talk through your situation and, where it is a legal question, point you to a probate attorney.
Call 512-686-3076 or visit texasprobaterealestate.com. No pressure, no obligation.