Author: lewislaw1

Many people know they should have a will, but fewer know what it means to have an estate plan. What is the difference between estate planning and a will? A will is a legal document where you say who gets your property after you die. Estate plans typically include a will along with other legal tools to protect assets, reduce costs, and prepare for medical or financial emergencies. In short, estate planning offers a more comprehensive plan than a will alone.

At Henington Lewis Law Firm PLLC, we help people across Texas create thoughtful, flexible plans for the future. Led by Samantha Lewis, we focus on estate and legacy planning, a process that addresses who receives your property and preserves the values, intentions, and family harmony you hope to leave behind. We believe estate planning is the kindest thing you can do for your family, and there is a plan for everyone, no matter your financial situation.

What Is a Will?

A will is a written, signed, and witnessed legal document. They typically:

• Distribute property—say who receives specific assets, such as your home, car, jewelry, or family heirlooms;
• Name an executor—choose someone to manage your estate, pay debts, and distribute property as instructed in your will;
• Select a guardian—nominate a guardian to care for your minor children if you die before they turn 18;
• Make charitable gifts—leave money or property to organizations or causes that matter to you; and
• Outline funeral wishes—include instructions for burial, cremation, or memorial services.

While wills can be powerful tools, comprehensive estate plans offer greater benefits.

Do I Need a Will in Texas?

Yes. You should have a will if you own any property or have anyone depending on you. If you die without a will, Texas law decides who inherits your property through intestate succession, and if disagreements arise during that process, consulting an estate litigation lawyer in Austin can help you resolve disputes over inheritance, asset division, or executor responsibilities.

Under that process, your surviving relatives receive your property based on legally established priority. Surviving spouses and descendants take the highest priority. If you have no surviving descendants or spouse, your parents, siblings, grandparents, and other relatives may have a claim to your property. The state takes your property if you have no surviving relatives among those groups.

What Estate Planning Involves

Estate planning is a broader legal process that allows you to plan how you will manage your assets and personal affairs during your life and after your death. It often includes creating and coordinating a will with other tools and strategies. Your estate plan can be as simple or complex as your situation.

Trusts

Trusts are legal arrangements where a trustee manages property to benefit one or more beneficiaries. They can be structured as:

• Living—created and funded while you are living;
• Testamentary—funded after you die, typically created in your will;
• Revocable—creator can retake property within and cancel the trust; and
• Irrevocable—creator cannot retake property within and cancel the trust.

Different trusts offer different benefits. For example, irrevocable trusts offer strong asset protection, while revocable living trusts offer asset management.

With a lawyer’s help, you can tailor trusts to meet specific goals, from caring for minor children to providing for individuals with disabilities without affecting government benefits and without first spending down your assets.

Powers of Attorney

A power of attorney is a document that grants someone you trust the legal authority to act on your behalf if you become incapable of making your own decisions. This authority may cover financial, legal, or medical decisions. You set the limits on the powers the individual receives.

Advance Directives

Advance directives explain your healthcare wishes if you cannot speak for yourself. Living wills are a common form of advance directive. They outline the types of medical treatment you do or do not want in specific situations.

Beneficiary Designations

Many financial assets, such as retirement accounts and life insurance policies, let you name beneficiaries. Beneficiary designations allow those assets to transfer directly to the named individuals without going through probate. If you’re wondering do 401ks and retirement accounts go through probate, the answer often depends on whether beneficiary designations are properly set up.

Bank and Investment Accounts

Bank and investment accounts often include the option to select someone to transfer the balance to upon your death. You generally choose recipients by making a payable-on-death (POD) or transfer-on-death (TOD) designation.

Lady Bird and Transfer on Death Deeds

In Texas, a Lady Bird deed is a strategy that enables you to keep control of your property during your lifetime and pass it to someone else automatically upon your death. Lady Bird deeds are unique because they remove the property from your estate for tax purposes. Transfer-on-death deeds also allow you to select someone to receive property automatically upon death.

Life Insurance

Life insurance plays an important role in many estate plans. It provides a tax-free payout to your chosen beneficiaries and can be used to:

• Balance uneven inheritances,
• Pay off debts or mortgages,
• Cover funeral expenses, or
• Fund a trust.

Integrating life insurance into your plan offers significant adaptability.

Benefits of Estate Planning in Texas

There are many benefits of estate planning in Texas, including:

• Flexibility to meet your particular needs,
• Limiting the necessity of probate court proceedings,
• Maintaining privacy,
• Minimizing costs and taxes,
• Preparing for incapacity,
• Preserving more of your wealth, and
• Easing the burdens your loved ones will face when you die.

A comprehensive estate plan can do much more than a will alone. Working with an estate planning attorney can help you take advantage of these benefits and avoid common mistakes that could affect your family’s future.

Estate Planning vs. a Will

The difference between estate planning and a will comes down to scope. An estate plan is a comprehensive body of documents that typically includes a will plus additional tools that provide flexibility, privacy, and protection while you are alive and after death. Unlike a simple will, a comprehensive estate plan can reduce the likelihood of family disputes and costly litigation. Still, when conflicts arise, having a will contest lawyer ensures you’re prepared to protect your rights.

Start Your Estate and Legacy Plan with Henington Lewis Law Firm PLLC

At Henington Lewis Law Firm PLLC, we do more than draft documents. We guide families through some of life’s most personal and important decisions, advise them on their options, and create comprehensive plans for them. Our mission is to simplify the process, protect what matters most, and give you peace of mind, no matter your stage in life or size of your estate.

Contact us today to learn more about building your estate plan.

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Creating or updating a will is one of the most critical steps to protect your loved ones and help ensure your wishes are honored. But when you search for the “best will lawyer near me,” it’s easy to feel confused. With so many options, how do you decide who’s the right fit?

At Henington Lewis Law Firm PLLC, we help individuals and families throughout Austin and Central Texas navigate the will-making process with transparency and care. Whether you’re planning or updating an old document, we aim to make the process approachable, personalized, and legally sound.

If you’re wondering how to choose a will lawyer, we’re here to help you narrow your search and find someone you can trust.

Finding the Best Lawyer for a Will Near Me: 5 Key Steps

Choosing the best lawyer for a will near you starts with knowing what to look for. You want someone who understands the legal process, but also someone who understands you. The right attorney will help you create a plan that reflects your goals, values, and priorities, not just your assets.

Here are several key factors to consider as you search for how to find a good will lawyer.

1. Take Advantage of a First Meeting

Have an initial meeting with the will lawyer before you sign anything. This consultation is an opportunity to ask questions about the specific services they provide and make sure they align with your needs. Before your meeting, ask yourself: Is the best will lawyer near me someone who offers:

• Guidance on choosing a legally valid executor or trustee who fits my family dynamic?
• Insight on how to provide for minor children, including naming guardians?
• Help addressing blended family situations or complex relationships?
• Strategies to avoid future disputes or challenges to my will—and if those disputes arise, is this someone who could also guide me as a will contest lawyer?

The consultation is also a chance to get a feel for the attorney’s style. Do they take time to listen? Do they speak in a way that makes you feel informed and at ease? Most importantly, do they understand what matters to you?

Choosing a will lawyer is about more than legal knowledge. A good lawyer will be someone who gets the what and the why. They won’t just draft a document. They’ll understand your goals, family dynamics, and long-term concerns. During that first conversation, pay attention to the attorney’s tone, attentiveness, and willingness to walk you through your options. The right fit should feel less like a transaction and more like a partnership.

2. Inquire About Their Services

Your life won’t stay the same. It changes with life events, so your will should change with it. Family relationships change, assets shift, and your wishes may evolve. That’s why it’s smart to work with a lawyer who offers long-term support, not just a one-time service.

When choosing a will lawyer, ask whether they offer continued services or future updates. A firm that values ongoing relationships is best positioned to help you adapt your plan as life changes. They already know your values and priorities, making it easier and faster to make revisions.

At Henington Lewis Law Firm PLLC, we believe estate planning is a long-term process. We’re here not just to draft your will but to stand by you as life unfolds.

3. Understand Payment Structure

Before hiring an attorney, asking about their fee structure is essential. Some lawyers charge flat rates for drafting a will, while others may bill hourly. You may also want to ask whether future updates are included in the initial cost or if those will come with additional fees.

Understanding how and when you’ll be charged prevents confusion later on. A trustworthy attorney will be upfront about pricing and should never pressure you into signing anything before explaining how their services are billed.

Transparency from the start helps to build trust and guide you to make an informed decision.

4. Ask Around and Do Your Research

One of the most effective ways to find the best will lawyer near you is by asking people you trust. Family, friends, or coworkers may have worked with someone they recommend or someone they advise you to avoid. Personal referrals often reveal details you won’t find on a website.

You can also check online reviews to see how others describe their experience. Look for themes in the feedback: Does the lawyer communicate clearly without confusing legal terminology? Are they patient and responsive? Do clients feel respected and heard?

A strong reputation shows how an attorney engages with clients. Reviews or referrals that highlight patience and professionalism can help you feel more confident that the lawyer is someone you can trust.

5. Learn Their Approach

Not all wills are created equally, and neither are the lawyers who draft them.

Some attorneys rely on standard templates or boilerplate language, producing documents that may be legally valid but lack personal detail. If a lawyer doesn’t take time to understand your life story, relationships, or values, they may miss important nuances that matter down the road.

A better approach is one that’s tailored. Your life is unique, and your will should reflect that. From designating guardians to outlining how sentimental items should be distributed, the best will lawyers build plans around the people and priorities that matter most to you.

Ask how the attorney develops their wills. Do they ask in-depth questions? Do they adjust their strategy based on your goals and concerns? That customized service helps ensure your will is not just a form, but a meaningful reflection of your intentions.

Navigating probate often comes at a time when you’re already facing emotional and logistical challenges. Whether you’ve been named an executor or are simply trying to make sense of a loved one’s estate, having the right legal support matters. So you type “best probate attorney near me” into your search engine. You’re bombarded with ads and links to various attorneys. Now you’re wondering, How do I find a good probate attorney?

At Henington Lewis Law Firm PLLC, our firm is built on the belief that probate shouldn’t feel like a maze and that no one should have to go through it alone. Founding attorney Samantha Lewis brings almost a decade of legal experience to the firm and operates with a client-first approach.

Read on to learn about what a probate attorney does, whether you should have one, and how to find the best attorney.

What Is a Probate Attorney and Why Should I Get One?

A probate attorney is a lawyer who helps guide individuals through the legal process of settling a deceased person’s estate. Their duties often include filing paperwork with the court, assisting with the distribution of assets, resolving debts, and supporting the executor or personal representative through each required step.

Under Texas law, a will must be filed and proven valid in probate court before it can be enforced. While some estates may seem simple, probate can quickly become complicated. Hiring a probate attorney helps give you:

• Legal clarity during a time of emotional stress;
• Step-by-step guidance so nothing gets missed;
• Protection from mistakes that could delay or complicate the process;
• Help resolving conflict among beneficiaries or family members; and
• Peace of mind that your loved one’s estate is being managed properly.

Working with a trusted attorney helps ensure the process is handled correctly, respectfully, and efficiently.

When to start estate planning comes earlier than many people expect. In an ideal world, you should begin once you have assets, dependents, or healthcare treatment preferences. In the real world, many people start planning as they reach particular events or life stages, like getting married, starting a family, or approaching retirement. Life can change quickly, and putting a plan in place clarifies your wishes, protects your family and legacy, and provides peace of mind for you and your loved ones.

At Henington Lewis Law Firm PLLC, we believe estate planning is one of the kindest things you can do for your family. Based in Texas and led by attorney Samantha Lewis, we guide individuals and families through compassionate, personalized estate and legacy planning. We serve clients at every stage of life with clear communication and a strategic, client-first approach.

What Estate Planning Involves

To better understand when to start estate planning, consider what it involves, including the details and documents that make a comprehensive plan. Estate planning means organizing your personal, financial, and medical affairs so others can carry out your wishes during your lifetime and after your death. A complete estate plan can take time to build. Your plan may include several documents, tools, and strategies depending on your circumstances and goals.

Wills

Wills form the core of most estate plans. Through a will, you can:

• Name an executory to manage your estate,
• Explain how to distribute your assets, and
• Appoint a guardian for your minor children.

Wills pass property through the court-centered probate process. If you do not have a will or create one that does not meet Texas’ legal requirements, state law decides who inherits your property when you die.

Trusts

Trusts are a versatile tool that can save on costs while protecting and managing assets for others. Trusts divide property ownership between a trust, which owns the property, a trustee, who manages the property, and one or more beneficiaries, who benefit from the property. They allow families to:

• Maintain privacy,
• Reduce probate delays, and
• Create long-term financial instructions.

Although some think of trusts as a tool for the wealthy, they come in many forms that you can tailor to your estate’s unique needs. You can elect to have them as revocable or irrevocable. In a revocable trust, the trust’s creator can retake the property within and cancel the trust, while the creator cannot do so in an irrevocable trust. Many people use revocable living trusts to manage and organize assets and irrevocable trusts to protect assets or save on taxes, often with guidance from an experienced asset protection lawyer.

If you worry about the cost of future potential nursing home care, as many do, you can even use trusts to help you qualify for Medicaid long-term care coverage without spending down assets. Generally, you want to start this process at least five years before you need assistance. Medicaid reviews all asset transfers applicants make within the five years before they apply for coverage, called the “look-back period.”

Powers of Attorney

A power of attorney is a document that grants someone legal authority to act on your behalf if you lose the physical or cognitive ability to make decisions. Powers of attorney can apply to financial, legal, and medical matters, and you get to set their terms.

Advance Directives

An advance directive, also called a living will, enables you to explain what kind of medical care you want or do not want in emergencies and at the end of life. A living will explains what you want so that your doctors and loved ones follow your choices about treatments such as resuscitation or artificial ventilation.

Beneficiary Designations

Some assets pass directly to others without going through probate, such as:

• Life insurance policies,
• Retirement accounts, and
• Certain bank accounts.

These beneficiary designations tell financial institutions who should receive specific assets and take priority over your will, so keep them accurate and updated.

Additional Plan Documents

Your estate plan might also include:

• A HIPAA (Health Insurance Portability and Accountability Act) authorization so loved ones can access your medical records,
• A digital asset plan to manage online accounts, and
• A funeral or burial directive.

These tools help avoid confusion by establishing your preferences during a difficult time.

If you are preparing for a probate hearing in Texas, you are likely wondering what to expect. Probate hearings are formal court proceedings where a judge oversees the administration of a deceased person’s (the decedent) estate. Knowing what questions you want to ask and what you must answer at a hearing can help you prepare to step into the courtroom. Questions often focus on validating the will, confirming the executor, identifying the assets, and resolving disputes.

At Henington Lewis Law Firm PLLC, we understand that probate can be intimidating, especially when you need to attend one or more hearings. Our founder, Samantha Lewis, brings nearly a decade of legal experience and a personal understanding of how stressful probate can be. We take the time to explain the process clearly, answer your questions with empathy, and tailor each strategy to your unique situation. We are here to guide you every step of the way.

How Does Probate Work in Texas?

Probate is the legal process of administering a decedent’s property and debts—their estate. During probate, the court determines whether a valid will exists, then appoints a personal representative to manage the next steps. The representative, an executor if named in the will or an administrator otherwise, then:

• Identifies and values the decedent’s assets,
• Pays debts and taxes, and
• Distributes the remaining property.

Texas allows dependent and independent administration. Independent administration gives the representative more freedom to manage the estate without much court involvement. In contrast, dependent administration requires ongoing court supervision. Courts may require dependent administration when:

• No valid will exists,
• The heirs or beneficiaries cannot agree to independent administration, or
• The court or others have concerns about the representative’s ability or willingness to complete the process properly.

The court may hold several hearings throughout the probate process, especially in dependent administration.

If you recently lost a loved one and need to manage their final affairs, you may be wondering, When is probate necessary? Texas law requires probate when the deceased owned assets that do not pass automatically to someone else. Probate may not be required if the estate qualifies as a small estate, or if all property is non-probate and includes mechanisms to pass outside the probate process, like beneficiary designations and trusts.

At Henington Lewis Law Firm PLLC, we guide Texas families through estate and legacy planning with compassion, clarity, and strategic care. Our founder, Samantha Lewis, combines nearly a decade of legal experience with personal insight into the challenges of probate. Whether you are trying to avoid probate, simplify it, or navigate it after a loved one’s passing, we are here to help.

How Does Probate Work in Texas?

Probate is the legal process for settling a person’s estate after death. An estate includes everything someone owns when they pass away, like money, real estate, and personal belongings. In Texas, probate can involve proving the deceased person’s (decedent’s) will, if they had one, meets legal requirements, identifying assets, paying debts, and distributing property.

The county court where the deceased lived handles the probate process. Texas offers a relatively efficient probate process, allowing many estates to settle with little oversight.

When Is Probate Necessary?

When is probate required in Texas? The answer depends on the kinds of property the decedent owned, whether they had an estate plan, and, if so, what that plan included. Without specific planning to avoid it, probate is necessary for most estates.

Property Solely in the Decedent’s Name

When someone dies owning property, such as real estate, vehicles, or bank accounts titled only in their name, Texas courts must oversee probate to legally transfer that property. No one else can take control of it until the court grants it.

The Decedent Used a Will

Even when the deceased leaves a valid will, the court must confirm its validity to give it legal force. The court reviews the will and formally appoints the person named in it to carry out the instructions—the executor.

Once appointed, the executor inventories the deceased’s assets, settles any debts, and distributes property that does not automatically transfer to a beneficiary.

The Family Disagrees About the Estate

If the family cannot agree about the will’s meaning, who should inherit, or who should manage the estate, the probate court steps in to resolve those disputes. In these situations, working with an experienced probate litigation lawyer can make a significant difference in protecting your interests. Disagreements requiring probate court involvement may relate to will validity, concerns about fraud or coercion, or uncertainty over who someone’s legal heirs are.

The Decedent Died Without a Will

When someone dies without a valid will, called dying intestate, the law determines who receives their property. When disputes arise over heirship or distribution, a contested probate lawyer can help clarify rights and advocate in court. Texas courts require probate to determine the correct heirs and ensure proper handling of the estate.

The court appoints an administrator, rather than an executor, to manage intestate estates. The administrator performs the same duties as an executor and follows intestate succession laws to distribute assets.

The Estate Owes Debts

When the deceased had outstanding debts, the estate must settle those debts before anyone receives an inheritance. The administrator or executor must notify creditors about the probate case and allow them to make claims to recover from the estate.

When Is Probate Not Necessary in Texas?

Estates can avoid probate if the entirety of the decedent’s property is non-probate.

Non-probate assets pass automatically to someone else when the owner dies, like:

• Life insurance policies with named beneficiaries;
• Retirement accounts like IRAs and 401(k)s with designated beneficiaries—if you’re wondering do 401ks and retirement accounts go through probate, these accounts typically bypass probate if beneficiaries are properly named;
• Bank or investment accounts with payable-on-death (POD) or transfer-on-death (TOD) instructions;
• Joint tenancy with right of survivorship provisions in property, where the surviving co-owner becomes the full owner;
• Lady Bird Deeds (enhanced life estate deeds), which allow the owner to keep full control of their property while alive and name someone to inherit the property after death;
• Transfer on Death Deeds (TODDs), which name a beneficiary to receive the property automatically when the owner dies; and
• Property placed in a trust before the decedent died.

Many people use revocable living trusts to keep their property out of probate. A trust holds property and includes instructions for managing it in a trust instrument. The trust’s creator can change or cancel a revocable trust at any time during their life. When the person dies, the successor trustee, whom the decedent chooses in advance, manages and distributes the trust property without court approval.

The death of a spouse brings more than just emotional loss. It often comes with legal and financial uncertainty. One question we hear from grieving spouses is, Does a surviving spouse need probate in Texas? In short, it depends on how assets were titled, whether they left a will, and how they structured the estate. In some cases, you may not need probate. In others, you will need it to transfer property, settle debts, or confirm ownership.

At Henington Lewis Law Firm PLLC, our mission is to simplify the legal steps following a loved one’s passing and give you the peace of mind you need to move forward. Led by Samantha Lewis, who has nearly a decade of legal experience and focuses on compassionate, strategic estate and legacy planning. Whether you are trying to avoid probate, navigate it efficiently, or understand your options, we are here to help.

When Does a Surviving Spouse Need Probate in Texas?

In some cases, a surviving spouse must go through probate to gain legal authority to transfer or manage assets belonging to the deceased spouse. In other cases, you can avoid probate, especially if you and your spouse planned ahead.

You likely need to go through probate if:

• Your spouse owned property in their name only without survivorship rights or a transfer mechanism like a beneficiary designation;
• You and your spouse did not sign a survivorship agreement for your community property;
• Your spouse did not leave a valid will, or the will has legal problems such as missing signatures or improper witnessing that require the court’s involvement;
• Your spouse left a will; or
• Your spouse tried to disinherit or exclude you from their estate.

In these situations, probate enables you to transfer ownership into your name.

Does a Spouse Automatically Inherit Everything in Texas?

A spouse does not automatically inherit everything. However, Texas follows community property laws, where property that either spouse obtained during the marriage is community property belonging equally to both spouses.

You already own half of your joint property. You usually receive the other spouse’s half when they die, unless they had children from another relationship. If they owned separate property, which is property they acquired before marriage or through gift or inheritance, others may have a legal right to inherit that property, too.

Regardless, that property does not transfer automatically but through the probate process.

Who Else Might Have a Claim to the Deceased Spouse’s Estate?

Even if you are the surviving spouse, you may not be the only person with a legal right to part of your spouse’s estate. Others who may have a claim to some part of the estate include:

• Children from another relationship. If your spouse had children from a previous relationship, those children may inherit a portion of your spouse’s property.
• Shared children. When a spouse owns separate property and does not dispose of it through a will, shared children have a claim to part of that property.
• Parents or siblings. If the spouse who owned separate property had no children, a portion of their separate property passes to the spouse’s surviving parents or siblings, if any.
• Creditors. Before distributing inheritances, the estate must settle debts. Creditors can collect by filing claims against the estate.
• Co-owners or business partners. If your spouse owned property or a business jointly with someone else, the co-owner may have a legal or contractual right to that share. A buy-sell agreement, operating agreement, or right of survivorship can determine what happens to your spouse’s interest.

Probate can be necessary to allow these groups to claim their share of the estate.

Do I Have to Go Through Probate If My Spouse Dies?

Whether you need probate depends on whether your spouse had an estate plan and what that plan included. To find out when probate is necessary in your situation, talk to a probate lawyer in Texas. We can help you:

• Gather documents like deeds, account records, insurance policies, and retirement plans;
• Make a list of assets;
• Check how each asset is titled, looking for joint ownership or survivorship rights;
• Review any beneficiary designations, such as those in retirement plans and life insurance; and
• If your spouse left a will, locate it.

Unless your spouse created a plan specifically designed to avoid probate, you will most likely need to complete the process.

Probate, the court process for paying a deceased person’s debts and distributing their assets, can be time-consuming. However, not all assets must go through probate.

One of the most common questions we get is, Do 401(k)s and retirement accounts go through probate? The answer depends on whether you have valid named beneficiaries on your accounts. Those accounts with valid beneficiaries can pass without needing probate. But if you fail to name a beneficiary or keep the designation current, your accounts may have to go through the process.

At Henington Lewis Law Firm PLLC, we guide Texans through the complexities of estate and legacy planning. Our firm helps individuals and families protect their assets, minimize taxes, and ensure their wishes are honored through thoughtful estate planning. We simplify what other lawyers often overcomplicate and believe planning is for everyone, not just the wealthy.

Probate vs. Non-Probate Assets

Not all assets go through probate. Property can be considered either as a probate or a non-probate asset. Non-probate assets typically transfer without requiring the probate process.

Probate assets include:

• Property owned solely by the deceased person,
• Solo bank accounts,
• Real estate, and
• Personal property (e.g., jewelry or vehicles).

These assets typically must go through the probate court process to transfer ownership. This usually involves a will or intestate succession, the legal regime for determining who inherits from someone who died without a valid will.

Non-probate assets, on the other hand, include terms for their transfer within the document or account arrangement itself. Such assets include:

• Life insurance with a current beneficiary on file,
• Joint bank accounts with survivorship rights,
• Payable-on-death (POD) or transfer-on-death (TOD) accounts, and
• Retirement accounts like 401(k)s and individual retirement accounts (IRAs) with named beneficiaries.

Although retirement accounts are typically non-probate assets, whether a 401(k) or IRA will avoid probate depends on whether you named valid beneficiaries and kept that designation up to date.

How Do 401(k) and Retirement Beneficiary Designations Work?

Common non-probate retirement accounts include:

• Traditional 401(k) and Roth 401(k);
• Traditional and Roth IRAs;
• SEP IRAs and SIMPLE IRAs; and
• 403(b), 457(b), and other employer-sponsored plans.

When you open one of these accounts, the financial institution usually requires you to name at least one primary and contingent beneficiary. The primary beneficiary receives the funds unless they die before the account holder. In that case, the contingent beneficiary receives the funds. The financial institution can transfer the account without involving the court if you have current beneficiary designations.

If you do not name a beneficiary, your listed beneficiaries are no longer living, or a beneficiary refuses or cannot accept a transfer, the institution will send the account to your estate so it can go through probate. The estate distributes those funds according to the deceased account holder’s will, or according to Texas law in the absence of a valid will or instructions in the current will on how to handle the account.

How 401(k)s and Retirement Accounts Typically Transfer

When the account holder dies, retirement accounts usually transfer through the following process:

• The family or person managing the estate provides a certified copy of the death certificate to the financial institution,
• The institution reviews the account and confirms whether it includes a valid and current beneficiary designation,
• The institution transfers the funds directly to the named beneficiary, and
• The beneficiary then chooses how to access or move the funds.

Usually, beneficiaries must complete one or more forms and submit identification to verify their claim.

When someone dies in Texas, the executor named in their will, if they have one, is responsible for initiating the probate process. But what if the executor does not probate the will?

Serious delays, or complete inaction, can prevent heirs from receiving property, cause legal disputes among beneficiaries, and even make the will unenforceable. Fortunately, Texas law gives family members and others with a potential interest in the estate the right to step in and initiate probate when the named executor fails to act.

At Henington Lewis Law Firm PLLC, we help families across Texas understand their options when an executor delays or refuses to probate a will. Our firm focuses on estate and legacy planning with an approach grounded in empathy, clarity, and strategic solutions. We know how confusing and emotional this situation can be, and are here to simplify the process.

The Role of the Executor

When a person creates a will, they can name an executor to fulfill their wishes after they die. Under Texas law, the executor’s role comes with legal duties and responsibilities, including the duty to initiate probate in a timely manner.

The executor’s job includes:

• Locating the original will and filing it with the probate court,
• Notifying those named in the will and the estate’s creditors about probate,
• Inventorying the deceased person’s assets and debts,
• Managing or preserving estate property during the probate process,
• Paying valid debts and taxes, and
• Distributing property according to the will.

Executors are the estate’s fiduciaries, meaning they must act in its best interests and the interests of its beneficiaries. When they fail to act, they can cause serious harm.

How the Probate Process Is Supposed to Work

In Texas, probate typically involves the:

• Executor applying to probate the will in the county where the deceased lived;
• Court posting notice to allow others to contest the will or probate application;
• Court holding a hearing to determine the will’s validity;
• Court issuing letters of testamentary, if it approves the will, which gives the executor formal authority to manage the estate;
• Executor gathering and inventories assets; and
• Executor paying debts, files taxes, and distributes assets.

Generally, someone must file a will for probate within four years of the person’s death. Yet, waiting years before initiating probate without a good reason may be an unreasonable delay, despite the deadline. In some cases, these delays can spark disputes among heirs, making it important to consult a contested probate lawyer early on.

On the other hand, Texas courts allow probate beyond the four-year deadline in limited situations, such as when the person seeking probate:

• Did not know about the death or the existence of a will,
• Acted in good faith based on informal family arrangements, or
• Acted based on one or more misunderstandings about their role or responsibilities.

Yet, probate cannot begin until someone, usually the executor, files the initial application. So, what if the executor does not probate the will?

If you are named executor or believe you hold a loved one’s will, you may wonder, How long do you have to probate a will in Texas? Under Texas law, you must typically file a will for probate within four years of the person’s death, though you may need to file sooner if delays negatively impact the estate or those entitled to some portion of it. Missing the deadline can cause major complications with transferring assets and honoring the decedent’s wishes.

At Henington Lewis Law Firm PLLC, we know probate can be intimidating, especially when you are grieving. That is why we take a personalized, compassionate approach. Our firm exists to guide Texans through the complexities of probate and estate planning with clarity and kindness. We are here to help you protect your loved one’s legacy and peace of mind.

How Does Probate Work in Texas?

Probate is the legal process of recognizing a person’s will after death, resolving debts, and distributing assets.

The process typically includes:

• Filing the will with the Texas county probate court where the deceased person lived;
• Validating the will to confirm its authenticity;
• Appointing an executor, the person responsible for managing the estate and carrying out the will;
• Identifying, gathering, and inventorying assets;
• Notifying the individuals or organizations named in the will to receive property (beneficiaries) and creditors;
• Paying valid debts and taxes; and
• Distributing assets according to the will.

Texas offers several probate options, including:

• Independent administration—a simplified process with minimal court supervision;
• Dependent administration—more frequent court oversight and formal procedures;
• Muniment of title—a streamlined method when the estate has no debts, except for real estate, and the will only needs to transfer title to real property; or
• Small estate affidavit—a simplified method for transferring assets without full probate if the estate is valued under $75,000, not including the homestead or exempt property.

Your options depend on the estate and your role in it.