Guiding Families Through Loss With Clarity and Care
Losing someone you love is hard enough without having to navigate the legal system. But that's exactly what probate requires. It's the court process for validating a will, identifying heirs, paying debts, and distributing assets after someone passes away. And it can be overwhelming, especially when you're grieving.
Understanding Texas Probate
Texas has several types of probate methods, and which one applies depends on the size and complexity of the estate, whether there's a valid will, and what kind of assets are involved.
Independent administration is the most common and least burdensome option. The executor handles everything with minimal court oversight. Once the court appoints the executor and they file an inventory of assets, the executor can pay debts, settle claims, and distribute property without asking the court's permission for every action. This makes the process faster, simpler, and less expensive.
Dependent administration requires court approval for almost everything. The administrator must post a bond, file annual and final accounts, and apply for court orders before taking any significant action. This happens when someone dies without a will, when the will does not provide for independent administration, or when beneficiaries don't all agree to independent administration. It's more costly and time consuming than independent administration.
Muniment of title is a simplified process when there's a will but no need for full administration. The court admits the will to probate as evidence of title, and the property transfers directly to the beneficiaries named in the will. This works when there are no debts except for secured debts like mortgages. No executor is appointed. The person who requested probate just files an affidavit within six months stating the terms of the will have been carried out.
Small estate affidavits avoid probate entirely for estates under $75,000 (excluding certain exempt property like homesteads). Heirs prepare a sworn statement to collect the property without going to court.
What Executors and Administrators Actually Do
The personal representative, whether an executor named in the will or an administrator appointed by the court, is responsible for managing the entire process.
This includes collecting and safeguarding estate assets, publishing notice to potential creditors, filing an inventory of assets with the court within 90 days, paying valid debts and claims, handling tax returns and estate taxes if necessary, and distributing remaining assets to heirs or beneficiaries.
Executors must also deal with practical issues like securing property, canceling subscriptions and accounts, notifying Social Security and government agencies, and coordinating with family members who may have different expectations or needs.
The Timeline
Texas requires that a will be filed within four years after the date of death. After that, it's generally too late to probate the will.
Once probate begins, the timeline varies. Independent administrations can often be completed in six to twelve months. Dependent administrations take longer because of court oversight. Contested probates or estates with complex assets can drag on for years.
There's no legal deadline for closing an estate once it's opened, but the sooner it's resolved, the better for everyone involved.
When Disputes Arise
Sometimes probate gets complicated. Family members disagree about the validity of the will. Someone questions whether the executor is acting appropriately. Heirs dispute how assets should be divided. Creditors make claims that beneficiaries think are invalid.
We represent executors, administrators, and beneficiaries in both uncontested and contested probate matters. This includes will contests, disputes over asset valuation, challenges to executor actions, creditor claim disputes, and disagreements among heirs.
Our goal is to resolve these issues while protecting our clients' interests and the integrity of the estate.
What Property Goes Through Probate
Not everything requires probate. Nonprobate property passes directly to beneficiaries without court approval. This includes life insurance proceeds with named beneficiaries, retirement accounts with designated beneficiaries, payable on death bank accounts, transfer on death securities, property held in joint tenancy with right of survivorship, and property held in a trust.
How We Help
We represent executors and administrators from start to finish, handling court filings, preparing required notices, addressing creditor claims, and ensuring assets are properly transferred. We also represent beneficiaries who have concerns about how an estate is being handled or who need help claiming their inheritance.
Our goal is to minimize delays, reduce stress, and make sure the estate is administered correctly and efficiently.
Let's Talk
If you're dealing with the death of a loved one and need help navigating probate, or if you have concerns about how an estate is being handled, contact us or schedule a consultation online.
We'll explain your options, answer your questions, and help you move forward during a difficult time.