Probate Administration

PRACTICE AREAS > PROBATE ADMINISTRATION

Probate Administration

Probate is the legal process used to handle a person's estate after they die. We help families navigate Texas probate with clarity and care after the loss of a loved one.

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WHAT PROBATE INVOLVES

Depending on the situation, probate may involve:

1

Confirming that a Will is valid

2

Appointing an executor or administrator

3

Paying debts and final expenses

4

Transferring property to the correct heirs or beneficiaries

WHEN THERE IS A WILL

Two probate methods in Texas

When a person dies with a Will, Texas generally offers two types of probate methods. Our office has prepared informational handouts that explain each probate procedure.

OPTION 1 · SIMPLEST

Statutory Durable Power of Attorney

Muniment of Title

Probating the Will as a Muniment of Title, which is the simplest option.

Probating the Will as a Muniment of Title

OPTION 2 · FORMAL ADMINISTRATION

Statutory Durable Power of Attorney

Letters Testamentary

Probating the Will and requesting the Court issue Letters Testamentary to an Executor, which is a more formal probate administration.

Probating a Will and Obtaining Letters Testamentary

WHEN THERE IS NO WILL

What if someone dies without a Will?

If a person dies without a valid Will (called dying intestate), Texas law determines:

Who inherits the estate, and
Who has authority to manage the process.

To learn more about your probate options if a person dies without a Will, see our handout.

A GUIDE TO TEXAS INTESTACY

PROBATE IN TEXAS

Independent vs. dependent administration

Probate laws and procedures vary by state. In Texas, the type of administration available depends on the circumstances of the estate and the language of the Will, if one exists.

Independent Administration

Generally more streamlined and cost-effective. In many cases, a properly prepared Will allows an estate to be administered efficiently through independent administration.