Someone you love has died and you’re not sure what the estate needs? Answer a few questions. A Texas probate attorney will review them and tell you which route fits, what it should cost and how long it should take.
There’s no charge for the review and no obligation to hire us. We handle probate across Travis, Williamson and Hays Counties for a flat fee that we quote in writing before any work starts.
Submitting this form does not create an attorney-client relationship. Please don’t send confidential details until we’ve spoken.
Prefer to talk now? Call (512) 737-8404 or book a free probate consultation.
Most Texas estates fit one of a few routes. Your answers help us tell you which one before you spend anything.
| Route | When it usually fits |
|---|---|
| Title probate (muniment of title) | There is a will, the estate has no unpaid debts other than debts secured by real estate, and no one needs to be appointed executor. The court admits the will and the order works as a record of title (Texas Estates Code ch. 257). |
| Probate with independent administration | An executor needs authority to collect assets, pay bills and sell property. Once appointed, the independent executor acts with little court supervision. Most wills ask for this. |
| Probate with dependent administration | The court supervises the administrator’s major steps, such as sales and payments. It’s used when independent administration isn’t available or the family can’t agree. |
| Heirship | There is no will. The court determines who the heirs are, or in some cases an affidavit of heirship is recorded with the county (Texas Estates Code ch. 202 and § 203.001). |
| Small estate affidavit | There is no will and the estate, not counting the homestead and exempt property, is worth $75,000 or less (Texas Estates Code ch. 205). |
In Texas, a will generally has to be offered for probate within four years of the death (Texas Estates Code § 256.003). After that, the options narrow, so if the death was more than three years ago, tell us that in the form.
Want to learn more first? Read our guide to probate in Austin or what to do after someone dies in Texas.
Attorney responsible for this page: Turner Henington, Henington Lewis Law Firm PLLC, 1101 S. Capital of Texas Hwy, Bldg G, Suite 150-C, Austin, TX 78746 · (512) 737-8404
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