Probate is a legal process whereby an estate is examined, inventoried, and appraised by a Probate Court for ultimate distribution to your heirs.  In Texas, the probate process should not be a really big deal absent some extenuating circumstance. 

Texas uses a probate method called "independent administration." This means that a document is filed called a Application for Probate of Will which calls for the independent administration of the decedent's will.  Other than filing the application and a short "prove-up" before the Court, the decedent's estate is completely administered without Court supervision.

"What property goes through the probate process?" All of your property is subject to probate unless it is governed by some other instrument which is "outside" of probate.  For example, property governed by Living Trust, Irrevocable Trust, joint tenancies in common with right of survivorship, and properties governed by contract such as Life Insurance and or trusts are outside of probate. 

Lawyer's Fees. There are lawyers who would charge an exorbitant price for handling a probate – some as high as 10% of the estate’s value.  It should not be that way. Texas has a number of methods available which significantly reduce court supervision.  If you have a properly drawn will calling for independent administration without bond, the probate process should not be time consuming or expensive. This, of course, is directly dependent upon the organization of the estate and its size. Recognize, if your spouse or relative “left a mess” then probate costs may be greater.  This can be avoided, however, by organization and implementation of an estate plan.

Beware: There are a number of entities our there who are involved in "trust mills." These are organizations which are designed to sell large quantities of trusts at extremely low prices. Usually, the trust mill goal is to use the trust as a vehicle to sell some other product such as life insurance or annuities. Regardless of what "free seminars" and ruthless salespeople tell you, probate in Texas is not the nightmare everyone thinks it is.