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Probate

When an individual dies in Texas, their property must be disposed of either by statute or by Will. When a loved one dies and they have left a Will designating how they want their property to be distributed, the Will must be probated in order for the wishes of the deceased to have legal effect.

Call us for a consultation to take care of your probate needs.

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Estate Planning & Probate

FAQs
Do I need an Estate Plan?

If you want to determine what happens to your property and assets, YES! Call Kathleen!

  • Will
  • Designation of Guardian in Event of Need (for self)
  • Designation of Guardian in Event of Need (for minor children)
  • Medical Power of Attorney
  • Physician’s Directive (Living Will or “Pull the Plug” document)
  • HIPAA Release (generic for all institutions/facilities)
  • Designation of Agent for Remains
  • Statutory Power of Attorney (General)
  • TODD, if desired (see FAQ — Real Estate)

Wrong. The Will needs to be probated (admitted to action by a court) in order to provide authority to the named executor.

  • Attorneys charge differently.
  • Some charge flat fees, some charge hourly.
  • It also depends on if the matter is contested.
  • It depends on if there is a Will or the heirs have to be determined.
  • There are court filing fees. At the end of 2025, the amount was approximately $500.00 for the initial filing fee, with citation and posting.

The statutes for intestate descent and distribution will determine who the heirs are:

  • Determination of Heirship — more expensive than probate
  • Affidavit of Heirship (see FAQ — Real Estate)

We can talk about a Trust and why you think you might need one. There are instances in Texas which may indicate a preference for a Trust.

Maybe, but it requires planning. And even when you think you have planned it all perfectly, there can be other issues which come up that require a duly authorized Executor per a court order.

  • Life Insurance proceeds
  • Bank accounts without beneficiaries
  • Money on file with the Comptroller’s unclaimed funds

Your probate attorney can assist with this. See also our Title Company FAQs.

  • While alive, you should keep your original in a safe place and let your family or proposed executor know where you have it.
  • You do not submit to the county clerk until after you die unless you wish to “deposit for safekeeping.”
  • We do not keep original Wills. As such a mobile society, your Will should stay with you.

No. They should choose someone that they are comfortable with.