Texas Probate Attorneys
Supporting your family as they move forward
The last thing you want to do when you’re grieving the loss of a loved one is to figure out how to deal with your loved one’s estate.
If there is a will and estate plan, guidance can be provided about how assets should be handled—but if there isn’t a plan in place, then their property may need to go through the complex legal processes of probate court. And probate court? It can be a time-consuming and confusing process.
At the law firm of Shann M. Chaudhry Esq., Attorney at Law PLLC, our Texas probate attorneys recognize the difficulties of handling estate issues while grieving. We’re here to help you understand your options with an empathetic and communicative approach.
Our probate estate administration attorneys are committed to exceptional client service from beginning to end of the probate process.
If you’re the beneficiary or family member of someone whose estate needs to go through probate, contact us. One of our experienced Texas attorneys can walk you through the process.
What Is Probate?
Generally speaking, probate is a court process designed to help analyze and administer estate assets belonging to a deceased person. Specific tasks involved in the probate process include:
- Establishing the validity of a will
- Identifying the estate’s assets and beneficiaries
- Settling any debts with the estate’s creditors
- Distributing assets to the beneficiaries
Not all assets in an estate have to go through probate court. Assets that fall outside of probate court include:
- Trusts
- Accounts under joint ownership, such as bank accounts
- Assets that paid out by survivorship, such as life insurance or retirement accounts
Anything outside of these assets, however, is subject to probate court.
A common misconception is that if items are listed in a will, they won’t be subject to probate court. This is untrue, although the probate process is different for estates that include a will.
At SMC ESQ PLLC, our Texas probate attorneys bring years of experience and a communicative and empathetic approach to all our client relationships. Our practice is centered on client service and communication principles—we’re always here to listen and respond to your concerns.
A common misconception is that if items are listed in a will, they won’t be subject to probate court. This is untrue, although the probate process is different for estates that include a will.
At SMC ESQ PLLC, our Texas probate attorneys bring years of experience and a communicative and empathetic approach to all our client relationships. Our practice is centered on client service and communication principles—we’re always here to listen and respond to your concerns.
The Estate Probate Process in Texas
In Texas, the probate process starts when the executor (named in the will) files with the court. The court posts a notice about the filing, and if someone plans to contest the will, they have an opportunity to do so at a hearing to validate the will.
Until the judge validates the will and appoints the executor, the executor named in the will has no legal power or authority to do anything regarding an estate.
If you haven’t already, this is the point when you should consider hiring a probate attorney to serve as the estate administrator for the next part of the probate process.
The probate attorney will help catalog estate assets, identify beneficiaries, notify creditors, resolve disputes over the will, and distribute the assets.
Factors that can complicate probate
Two situations can complicate the probate process, and the first occurs when someone dies without a will.
If the deceased doesn’t have a will, or the will only addresses part of their estate (known as partial intestacy), this is known as an intestate estate and must go through probate.
Factors that can complicate probate
Two situations can complicate the probate process, and the first occurs when someone dies without a will.
If the deceased doesn’t have a will, or the will only addresses part of their estate (known as partial intestacy), this is known as an intestate estate and must go through probate.
Witnesses or affidavits generally have to prove there isn’t a will. According to intestate succession laws, family members can inherit assets once they confirm the absence of a will.
Another complicating factor is when beneficiaries don’t get along. In these cases, an experienced probate attorney with strong mediation skills can make a huge difference in how much the process costs, how long it lasts, and how stressful the process is.
Our Texas estate administration law firm’s empathetic and communicative probate attorneys have many years of experience working with family members to find creative solutions that allow agreements to be reached and help everyone move forward.
How to Probate a Will
Going through probate is a multi-step process. Although some courts allow a non-attorney to handle the administration process, others require that the administrator be an attorney.
Regardless, the administration process must be done in a legally correct and specific manner and can be a massive project for someone without familiarity with the process. Below is an overview of what takes place when an estate goes through probate.
1. Filing the application and submitting the will
To begin the probate process, the will must be filed with the probate court in the county where the deceased lived. It’s essential to check that you’re working with the correct court and jurisdiction. Your filing will be posted a the courthouse for ten days or more before a hearing is scheduled.
Filing is usually done by the executor named in the will and needs to be done within four years of the deceased’s death. If the probate process isn’t started within four years, intestate succession laws may be applied instead.
2. Hearing and follow-up
The executor or their representative establishes under oath the facts of the deceased death (date, residence, status of will, executor). The judge will decide whether probate requirements have been met.
If so, they’ll issue an order that allows the will to probate and appoints the executor. The executor swears an oath where they agree to fulfill their legal duties. Once this is done, the clerk issues letters testamentary, which function as legal proof of the executor’s authority.
3. Notify creditors of the death
As part of the probate process, creditors must be notified of the decedent’s passing in newspaper or circulation. You have to notify secured creditors like mortgage companies via certified or registered mail. The executor should do this process within the timeframe established by the Texas Estate Codes.
4. File inventory and identify beneficiaries
Once the initial hearing is over, the executor either needs to file an inventory or appraisement of the estate.
If individuals want to avoid having a summary of assets listed, they can provide an inventory to all beneficiaries who can waive the filing of said inventory in the public record. However, the executor will need to file a sworn affidavit that they completed this step.
If the deceased had a valid will, the executor can notify the beneficiaries of their estate. However, if there isn’t a will—or the will isn’t valid—probate court will determine heirship. This process can create complicated situations, as any parties who feel they have a claim to the estate can file a proceeding in the court.
5. Submit notice to creditors.
A relatively straightforward step, the executor needs to publish or mail a notice about the estate, which will allow creditors to file claims against the estate. According to Texas statutes, if creditors do file claims, they will have to be paid.
6. Estate is distributed to beneficiaries
Once credits are settled and beneficiaries agree to administration of the estate—i.e., there are no outstanding disputes regarding the estate—the executor can then distribute the assets in the estate.
While probate in Texas is less complicated than in other states, there are still many nuances involved. Working with an attorney who specializes in probate can streamline the process and reduce your less during an already difficult time.
How Our Texas Probate Attorneys Can Help You
At SMCE PLLC, our experienced probate attorneys understand that this court process can be daunting for a family to go through. With that in mind, we commit to clear, prompt communication.
It’s important to us that we help you understand what is happening at each step without overwhelming you. We listen carefully to your concerns and questions.
Our practice is founded on authenticity, empathy, gratitude, education, and service—and these values remain essential in all our legal work. We’ve also experienced mediators and believe this helps us significantly in guiding beneficiaries through the probate process.
Contact Our Estate Administration Law Firm in San Antonio
At the law firm of Shann M. Chaudhry Esq., Attorney at Law PLLC, we take pride in bringing experience, skill, compassion, and communication to our work.
We listen carefully to our clients and make sure they understand each step of the process before proceeding.
If you need probate estate administration services, contact us. Our empathetic and experienced attorneys can guide you through the process.
Texas Probate FAQs
How much does an estate have to be worth to go to probate in Texas?
In Texas, if there’s a will or an estate has assets worth more than $75,000 or if there is an asset with a title that needs to be transferred, then it must proceed through probate.
That said, avoiding probate is possible if the deceased person has structured the estate’s assets to be transferred through a trust, joint ownership, or rights of survivorship.
How long does probate take in Texas?
For straightforward estate situations, it’s possible to wrap up probate in 6-9 months. However, the more complicated the situation, the longer it takes. It’s certainly possible—and even common—for probate to take more than a year.
For instance, if there isn’t a will, the probate process will need to determine heirship as an additional step. Likewise, the process will also take longer if family members disagree on proceeding.
How much does probate cost in Texas?
The cost of probate varies according to the complexity of the estate, whether family members get along, and if there’s a will. However, it’s generally not recommended to skip hiring a probate attorney to assist an executor.
Not only can legal advice and experience be helpful for guiding families through probate in less time and with less stress, but an experienced attorney brings mediation skills that help beneficiaries reach agreements and move forward.
At SMCE PLLC, our estate administration law firm takes pride in our communicative and supportive approach when helping clients understand and work through the probate process.