Can probate of a will be avoided?

There are estate planning techniques that can indeed minimize and in some cases entirely eliminate the need to go through full probate proceedings. Many bank accounts, for example, are structured with two owerns as "joint tenancies with right of survivorship." When one owner dies, the other's ownership interest simply becomes no longer subject to division or control, and the funds in the account belong to the survivor without ever passing through the decedent's estate. Texas also has what might be called "probate lite" for very simple estates through a variety of less complicated procedures: "They include: (1) probating the will as muniment of title; (2) filing a small estate affidavit; (3) filing an heirship determination; or (4) informal probate." See the very useful article by the State Bar of Texas that I've linked below. And even in the full probate process, good estate planning can significantly simplify the process -- and cut legal and other costs -- by specifying, for example, that the executor shall be "an independent executor to serve without bond." Some other states require so-called "dependent administrations" in which the executor is subject to much closer supervision and/or has to post a significant bond to qualify. It may be that the lawyer you've talked to has already concluded that it's impractical to avoid probate, and that none of the alternatives mentioned above are viable for this estate. If so, however, you might want to discuss that article with him and ask him why none of them will work, given your particular facts.