Probate Lawyer in Texas

Probate Lawyer in Texas

Probate, the process of settling outstanding debts and distributing assets of a deceased person, can be time-consuming, confusing, and emotionally draining, especially when you are already coping with the loss of a loved one. A probate lawyer in Texas helps clients move through this process efficiently and with a supportive, knowledgeable guiding hand.

At Lewis Law Firm, PLLC, we guide individuals and families through probate with compassion and understanding. Founded by Samantha Lewis, a Texas attorney with nearly a decade of experience, we approach every case with empathy and precision, making even the most complex issues feel manageable. We are here to help you through the legal processes to bring peace to a difficult time.

What Is Probate?

Through probate, a deceased person’s loved ones manage their estate, the sum total of the property they owned in life that did not automatically transfer when they died, and settle their debts. In Texas, probate involves:

• Determining whether the deceased’s will, if they left one, is legally valid;
• Appointing someone to manage the estate;
• Identifying and valuing the estate’s assets;
• Settling outstanding debts and paying taxes; and
• Distributing the remaining property.

Probate can be more or less complicated depending on what the estate has in it and whether those involved disagree about anything.

Probate Vocabulary

To understand probate, you may need to know the following terms:

• Administrator: A court-appointed person who manages an estate in situations when the will does not name an executor
• Beneficiary: Someone legally entitled to receive property from a will, trust, or estate
• Creditor: Someone the deceased owed money to at the time of their death
• Decedent: A deceased person
• Dependent administration: Probate requiring court oversight
• Estate: All money, property, and belongings a person leaves behind after death
• Executor: A court-appointed person named in a will to manage the estate
• Heir: Someone legally entitled to inherit from a decedent when there is no will
• Independent administration: Probate requiring minimal court supervision
• Interested person/party: Anyone with a legal right to be involved in the probate process, such as heirs, beneficiaries, or creditors
• Intestate: Dying without a valid will
• Letters of Administration: A document authorizing an administrator to manage an estate
• Letters Testamentary: A document authorizing an executor to manage an estate
• Personal representative: An executor or administrator
• Probate (general): The legal process of managing a decedent’s estate, including paying debts and distributing property
• Testate: Dying with a valid will
• Testator: Someone who created and signed a valid will before their death

We explore these terms further below.

The Texas Probate Process

While the details can vary slightly, the basic steps in the Texas probate process remain the same. Generally, you need to initiate probate within four years of the decedent’s death. In Texas, you may complete dependent or independent administration. Independent administration requires less oversight, while dependent administration requires frequent court approval.

Opening the Estate

To begin probate, an interested party, usually the executor named in a will or the decedent’s closest living relative, files documents with the probate court in the county where the decedent lived. The court then begins the probate process.

Probate the Will (If Any)

Next, the court schedules a hearing to open the probate case. If someone provides a will, the judge probates it, determining whether it is legally valid. At that time, interested parties can object to the will’s validity, raising a will contest. The court then decides whether the will follows the law.

Identify Interested Parties

Texas law may require you to identify all legal heirs, generally including surviving relatives. Once identified, you must notify interested parties that probate has begun.

Appointment of Personal Representative

Once the court resolves questions about the will, it appoints a personal representative. If the decedent left a will that named an executor and that person is willing and able, the court typically appoints them. Otherwise, the court appoints an administrator, who may volunteer for the role, though Texas law prefers relatives to serve, if possible.

Issuance of Letters

The court then issues Letters Testamentary or Letters of Administration, the official documents authorizing the representative to act on behalf of the estate. However, before they become the representative, the individual must typically take an oath to act in the estate’s best interests.

In some cases, particularly when the will does not waive the requirement or when no will exists, the court may require the representative to post a bond. At the end of the process, the representative can reclaim the bond amount, but it serves to protect the estate from mismanagement or misconduct.

Inventory and Valuation (Appraisement)

The personal representative must identify, list, and assign a fair market value to all the decedent’s assets. This list is the estate’s inventory.

Notifying Creditors and Paying Debts

The representative is responsible for notifying the decedent’s known creditors about estate administration and publishing a notice to inform unknown creditors. The representative responds to creditor claims and must address all legitimate claims, paying debts, taxes, and administrative expenses out of estate funds.

Distributing Assets

Next, the representative distributes the remaining assets according to the will or Texas intestate succession laws. Under those laws, individuals inherit as follows:

• If the decedent was married with children from that marriage, then their spouse inherits;
• If the decedent was married with children from another relationship, then their children still inherit, but the spouse keeps their share of marital property;
• If the deceased was unmarried but had children, then those children inherit;
• If the deceased had no children, then their parents inherit;
• If their parents are not living, then their siblings inherit; or
• If there are no living parents or siblings, then grandparents, aunts, uncles, or cousins may inherit.

If the decedent has no relatives as close as cousins, the State of Texas takes the estate.

Closing the Estate

Finally, the personal representative files a final accounting, a detailed report showing all income, expenses, distributions, and actions taken on behalf of the estate. Then, the court releases the representative from further duties and closes the estate.

Let Lewis Law Firm, PLLC Help You Navigate Texas Probate Law

A probate lawyer provides invaluable support by handling legal, procedural, and administrative tasks so you can focus on your family. We help by:

• Explaining Texas probate law and the probate process;
• Managing legal notices and deadlines;
• Handling and filing documents;
• Advising on taxes;
• Representing you in court;
• Assisting with asset management;
• Reducing risks of delay and financial loss.

At Lewis Law Firm, PLLC, we understand probate is more than just a technical legal process; it is a deeply personal journey. We will walk you through each step with transparency and respect, offering practical guidance to help you move forward. If you need a probate lawyer in Texas, we are here to help. Contact Lewis Law today.