Top 5 Questions to Ask Your Texas Probate Attorney

If you’re preparing to meet with a probate attorney, you may be stepping in to help manage a loved one’s estate or assist with legal matters after their passing. The probate process can feel complicated, especially if you’re trying to navigate it during a time of grief or stress. But the proper guidance can make it more manageable.

At Henington Lewis Law Firm PLLC, we help clients throughout Texas work through probate with practical advice and thoughtful support. Whether you’re the executor of a will or just trying to understand your responsibilities, we’re here to make the process less intimidating.

Asking the right questions helps you understand what to expect, your role, and how to avoid common pitfalls. Below, we outline some essential questions to ask a probate attorney during a meeting or consultation.

1. What Happens During the Texas Probate Process?

No one expects you to be an expert in estate law, but understanding what probate involves is critical. That’s why this should be one of your primary questions to ask a probate attorney.

The probate process in Texas begins when a petition is filed in court to recognize a person’s death. If there is a will, the court reviews it to confirm its validity. If there is no will, the estate proceeds through intestate succession, meaning the court distributes assets according to Texas law.

Once the court accepts the case, it issues legal authority to someone—typically called an executor or administrator—to handle the estate. Texas offers different types of probate. The specific process depends on the estate’s size, whether there is a will, and whether any disputes are expected.

A qualified probate attorney will help you understand which route applies to your situation, what filings and notices are required, and how long each stage may take. Clarity early on can help reduce confusion and avoid unnecessary delays.

2. How Long Will the Probate Process Take in My Situation?

Probate doesn’t happen overnight. In Texas, cases typically take a few months to several years, depending on the facts. If there are disputes, missing documents, or complicated assets to appraise, it can take a considerable amount of time.

Asking your attorney for an honest assessment of the timeline helps you plan for what’s ahead. No two cases are exactly alike, so your attorney should consider factors like whether probate is even required in certain situations — for example, does a surviving spouse need probate in Texas — as well as:

• Whether there’s a legally valid will,
• The size and complexity of the estate,
• The number of heirs or beneficiaries,
• Potential for disputes, and
• The county in which the case is filed.

While some delays are outside anyone’s control (such as scheduling a probate hearing in Texas), many can be prevented with careful planning and attention to detail.

At Henington Lewis Law Firm PLLC, we believe in transparency. We provide realistic timelines and help clients stay on track with deadlines and filings. You can better manage expectations and responsibilities when you understand how long the process may take.

3. What Are My Responsibilities as an Executor or Administrator?

Being named executor or administrator is a legal responsibility. And for many people, it’s unfamiliar territory.

Your probate attorney can explain your duties, such as the following:

• Identifying and valuing assets,
• Filing paperwork with the court,
• Keeping records,
• Notifying creditors,
• Distributing the estate amongst the beneficiaries, and
• Ensuring taxes are paid.

You’ll also be responsible for communicating with heirs, which can be emotionally delicate if there’s tension among family members.

In Texas, executors have a fiduciary duty, meaning they must act in the best interest of the estate and its beneficiaries. That includes managing money responsibly, avoiding conflicts of interest, and following the terms of the will or applicable law.

Ask your attorney about liability, too, such as what happens if you make an error and how they’ll help you avoid those mistakes. At Henington Lewis Law Firm PLLC, we help clients navigate executor duties with clarity and confidence, offering step-by-step guidance so no important task falls through the cracks.

4. What Information or Documents Do You Need from Me to Get Started?

One of the most helpful probate questions to ask an attorney is what your attorney needs from you. Providing complete and organized documents makes moving forward easier and avoids unnecessary back-and-forth.

Typically, your attorney will want:

• The will, if one exists;
• A certified death certificate;
• A list of the decedent’s assets and debts;
• Titles, deeds, or other property documents;
• Names and contact info for all heirs and beneficiaries; and
• Copies of recent financial statements.

If you’re unsure where to find these documents, or if some are missing, don’t hesitate to ask. A good attorney will walk you through how to obtain them or how to proceed if certain information is unavailable.

At Henington Lewis Law Firm PLLC, we offer a clear checklist for new probate clients and provide practical help at every step, making a challenging time more manageable.

5. What If Someone Contests the Will or Files a Legal Dispute?

Even in close-knit families, disputes can arise when a loved one passes. That’s why it’s essential to ask your probate attorney what could happen if someone challenges the will or disputes your decisions as executor.

Will contests in Texas can happen for several reasons:

• Someone may believe the decedent was coerced;
• Someone may think the decedent didn’t have mental capacity;
• The will was improperly executed; and
• There’s disagreement about the value of assets, the payment of debts, or how property is distributed.

Ask your attorney what challenges they’ve seen in similar cases, what warning signs to look out for, and how to respond if a dispute emerges.

At Henington Lewis Law Firm PLLC, we bring insight from litigation experience to probate matters. That means we’re not only equipped to defuse conflict early, but we’re prepared to protect your role and the estate in the event of formal legal challenges.