What is probate?

Probate is the process by which courts ensure that a person's debts are paid and their property is distributed to their heirs and beneficiaries upon their death.

How long does the probate process take?

The length of time it takes to complete a case varies heavily depending on what type of case it is and where it needs to be filed. In many uncontested cases, the initial probate process can be completed within a few months, including filing the application and attending the required court hearing. However, the full administration of an estate may take several months or even years depending on factors such as creditor claims, asset transfers, and the complexity of the estate. If disputes arise between beneficiaries or other parties, the timeline can extend further. Our goal is to move your case forward as efficiently as possible while ensuring everything is handled correctly.

Can you probate without a Will?

Yes. If a person passes away without a will, the estate can still be handled through the probate process. In Texas, this typically involves a determination of heirship to identify the legal heirs, followed by the appointment of an administrator to manage the estate. While the process is more involved than probate with a will, it can still be handled effectively with the right guidance. We help clients navigate each step and ensure the estate is distributed according to Texas law.

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I'm not the named executor in the Will. Can I still file an application to probate?

Yes, in some situations. While the named executor typically has the first right to serve, another interested party—such as a beneficiary or family member—may file an application if the named executor is unwilling, unable, or has not taken action. The court will ultimately determine who is qualified to serve. If you are unsure of your standing, we can review your situation and help you determine the best path forward.

Do I need a lawyer to probate an estate?

In most cases, yes. Texas courts generally require that an attorney represent the estate in probate proceedings. This is because the executor or administrator is acting on behalf of others, not just themselves. An experienced probate attorney helps ensure the process is handled correctly, avoids delays, and prevents costly mistakes.

It’s been more than 4 years since my family member passed away. Is it too late to probate?

Not necessarily. While there is generally a four-year deadline to probate a will in Texas, there are exceptions depending on the circumstances. Even if a will cannot be admitted to probate after four years, there may still be alternative options available to transfer property, such as a determination of heirship or other proceedings. We can help evaluate your situation and determine what options are still available.

Can a felon serve as an executor or administrator of an estate?

Generally, no. Under Texas law, a person who has been convicted of a felony is typically disqualified from serving as an executor or administrator unless their civil rights have been restored. If the named executor is not eligible to serve, the court may appoint another qualified individual. We can help identify appropriate alternatives if this issue arises.

What is the difference between independent vs. dependent administration?

Independent administration allows the executor or administrator to handle the estate with minimal court supervision, making the process faster and more efficient. Dependent administration, on the other hand, requires ongoing court approval for many actions, which can increase time and costs. Whenever possible, independent administration is preferred because it simplifies the probate process and reduces unnecessary court involvement.

What is a trust?

A trust is a legal arrangement that allows you to transfer assets to a trustee, who manages those assets for the benefit of your chosen beneficiaries. Trusts are commonly used as part of an estate plan to provide more control over how and when assets are distributed.

What are the benefits of a trust?

Trusts can offer several advantages, including:

  • Avoiding probate for certain assets

  • Providing privacy (unlike probate, which is public)

  • Allowing more control over how assets are distributed

  • Helping manage assets for minor children or beneficiaries

The right type of trust depends on your specific goals and circumstances.

If I have a trust, do I still need a Will?

Yes. Even with a trust, most people still need a will—often referred to as a “pour-over will.” This ensures that any assets not transferred into the trust during your lifetime are properly directed into the trust after your death. A complete estate plan typically includes both a trust and a will working together.

Can a trust help protect my estate from creditors?

In some cases, yes. Certain types of trusts can provide protection from creditors, depending on how they are structured and when they are created. However, not all trusts offer creditor protection, and the effectiveness depends on your specific situation. We can help determine whether this type of planning is appropriate for you.

How can my estate plan ensure my loved ones don't have to go through the probate process?

A properly structured estate plan can minimize or even avoid probate for many assets. This may include using tools such as trusts, beneficiary designations, and other planning strategies. The goal is to make the transfer of assets as smooth and efficient as possible, while reducing court involvement and potential delays.

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How much does probate cost in Texas?

The cost of probate in Texas can vary depending on the complexity of the estate, court costs, and whether the matter is contested. Many uncontested probate cases are relatively straightforward and can be handled efficiently. During your consultation, we can give you a clear understanding of what to expect based on your specific situation.

What assets go through probate in Texas?

Not all assets are subject to probate. Generally, probate applies to assets that were owned solely by the deceased and do not have a designated beneficiary. Assets such as life insurance policies, retirement accounts with named beneficiaries, and jointly owned property may pass outside of probate. We can help determine which assets are subject to probate in your case.

Can probate be avoided in Texas?

In some cases, yes. Proper estate planning can help minimize or avoid probate for certain assets through tools like trusts, beneficiary designations, and payable-on-death accounts. However, probate is sometimes still necessary depending on how assets are titled. We can help you evaluate your options and plan accordingly.

What happens if an executor does not do their job?

If an executor fails to fulfill their duties, beneficiaries may have legal options, including requesting court intervention or removal of the executor. Executors have a legal obligation to act in the best interest of the estate and its beneficiaries. Our firm has experience addressing these issues when they arise.

Can a will be contested after probate is filed?

Yes. A will can be contested under certain circumstances, such as lack of capacity, undue influence, or improper execution. However, contests must be based on valid legal grounds. If you believe there may be an issue with a will, it’s important to act promptly.

What is a small estate affidavit in Texas?

A small estate affidavit is a simplified process that may be available when an estate meets certain requirements, including having limited assets and no will. This option can allow heirs to transfer property without a full probate proceeding. We can help determine whether your situation qualifies.

What are Letters Testamentary or Letters of Administration?

These are official court documents that give the executor or administrator authority to act on behalf of the estate. Financial institutions and other third parties often require these documents before releasing assets or allowing transactions.

What duties does an executor have in Texas?

An executor is responsible for managing the estate, which includes gathering assets, paying debts, and distributing property to beneficiaries. Executors also have a legal duty to act in good faith and in the best interest of the estate. We guide executors through each step to ensure everything is handled properly.

Have a question not answered here? Contact us for a free consultation and we’ll walk you through your options.