Texas Probate

Austin Probate Lawyer: Guiding Texas Families Through Probate

Losing someone you love is the hardest thing most people will go through. Dealing with their estate at the same time should not have to be. Texas has one of the most streamlined probate systems in the country, but probate is still a court process, deadlines still matter, and the wrong move, or no move at all, can create problems that take years to undo.

The firm handles Texas probate matters and walks families through what needs to happen, in what order, and what it will cost.

Most of this probate work comes from estate plans the firm built, from clients referred by other professionals, or from families who simply searched online for an Austin probate attorney after a parent or spouse passed away. Wherever you are starting from, the process below is meant to make the next step clear.

First Steps After a Death: What To Gather Before You Call

If a loved one recently passed and you are not sure where to start, the most useful thing you can do before a consultation is gather the documents below. You do not need all of them to begin; the more you have, the more useful the first conversation will be.

Helpful to Have on Hand

• A certified copy of the death certificate (you will usually need several, often five or more)
• The original will, if there is one, and any codicils or amendments
• Any revocable living trust documents
• Deeds to real property the person owned
• Recent bank, brokerage, and retirement account statements
• Life insurance policies and beneficiary designations
• Recent federal and state tax returns (the last two to three years)
• A list of debts and creditors
• Contact information for the executor named in the will and for the immediate family

If you cannot find some of these, do not worry; the firm can help track most of them down. The point of the list is to start the right conversation, not to complete it.

Types of Texas Probate: The Right Procedure Depends on the Estate

Texas offers several probate procedures, some far simpler than others. Choosing the right one is much of the value a probate lawyer adds early.

Independent Administration

The standard, simplified Texas procedure when there is a valid will. The executor handles the estate with limited court supervision, gathering assets, paying debts and taxes, and distributing what remains. It is faster, cheaper, and less burdensome than dependent administration. Most well-drafted Texas wills authorize it; if a will does not, the heirs can often still agree to it.

Muniment of Title

A streamlined and often-overlooked Texas procedure. It admits a will to probate as evidence of a property transfer without appointing a personal representative or running a full administration. It fits when the assets to transfer are real property and there are no unpaid debts other than secured debts like a mortgage. For many simple estates it saves a family significant time and money.

Small Estate Affidavit

A procedure for smaller estates where the person died without a will, currently available where the estate’s value (excluding the homestead and certain exempt property) is under a statutory cap, roughly $75,000, though the figure is set by statute and should be confirmed against the current amount. It is faster and cheaper than full probate but has specific eligibility requirements that must be met first.

Determination of Heirship

When someone dies without a will, a determination of heirship establishes who the legal heirs are under the Texas Estates Code. It is more involved than probating a valid will: the court appoints an attorney ad litem to represent unknown heirs, which adds cost and time, and it is often paired with an administration. Planning ahead with a will avoids it entirely.

Dependent Administration

The alternative when a will does not authorize independence and the heirs cannot agree, or in certain other situations. It requires closer court supervision and is more expensive and time-consuming, but it is sometimes the right, or only, tool.

Contested Probate and Will Contests

When a dispute arises, a will contest, a claim against the estate, allegations of undue influence or breach of fiduciary duty, or disagreement among heirs, probate becomes litigation. With the firm’s civil litigation background, it handles contested probate on either side. See the Real Estate and business pages for related property and entity disputes.

Time and Cost: How Long It Takes, and What It Costs

How Long

An uncontested independent administration usually runs four to twelve months from filing to completion, depending on the estate’s complexity, the cooperation of heirs, and the type of assets. A muniment of title can be much faster, sometimes a few months. Contested matters take longer.

What It Costs

Most uncontested probate is handled on a flat fee, quoted in writing after a consultation. Contested matters and unusually complex administrations are typically hourly. Court filing fees, citation costs, and other third-party costs are passed through.

When to Call: Call Early

Many of the worst probate problems come from families who waited too long, tried to handle it themselves, or got advice from someone who was not a Texas probate lawyer. There are deadlines, there are tax issues, and there are family dynamics that benefit from someone outside the family handling the legal piece.

The four-year deadline. Texas generally requires that a will be probated within four years of the date of death. There are limited exceptions, and even past four years a muniment of title may sometimes be available where the applicant was not at fault for the delay, but the safe course is not to wait. If you are already past four years, it is still worth getting advice rather than assuming nothing can be done.