FAQ

We’ve compiled a list of frequently asked questions to help you better understand your rights and the services we offer.

FAQ

FREQUENTLY ASKED QUESTIONS

Got questions? I’m here to help you figure it out.

What is an Engagement Agreement?

This agreement is the foundation of our partnership. It outlines my promise to advocate for you ethically and effectively, while also showing how we’ll work together as a team to get the best possible results for your case.

What is the Texas Lawyer’s Creed?

When you partner with us, you gain more than legal services. You gain our commitment. Our professional creed is at the core of every case and defines the standard we promise to uphold for you.

Where do I address complaints?

You can call our office and ask to speak to the attorney directly. Alternatively, if you have concerns or complaints about the services we provide, please contact the State Bar of Texas.

When can I go to your office?

Our office is open Monday through Friday from 8:30 AM to 5:00 PM for your convenience. During these hours, you are welcome to stop by for quick administrative matters, including:

• Dropping off or picking up documents

• Signing paperwork

• Making payments

To ensure each client receives our attorney’s full attention, all legal consultations and conferences are scheduled by appointment only. While we are unable to accommodate walk-in meetings, our team is happy to help you schedule a dedicated time to speak with an attorney.

What is a retainer payment?

Think of a retainer as a dedicated fund set aside for your legal matter. This payment is deposited into the firm’s trust account and used solely to cover attorney time, court filing fees, and other case-related expenses as work is performed. Having a retainer in place allows us to move your case forward efficiently and without unnecessary delays.

Why do I get charged a retainer payment if my case is on a flat fee?

We believe in complete transparency when it comes to your investment. When a flat fee is agreed upon, it generally covers our legal services. Any additional out-of-pocket expenses, such as court filing fees, postage, or document copies, are applied separately through your retainer.

You will receive detailed monthly invoices so you always understand how funds are being used. If your matter concludes with a remaining balance in your retainer account, those funds belong to you and are promptly returned.

What is the non-refundable case fee?

Our firm limits the number of cases we accept to ensure that every client receives the attention they deserve. Because taking your case may mean turning away others due to time constraints or legal conflicts, we require a consideration fee upon signing your Engagement Agreement. This step officially secures our services and confirms our mutual commitment to moving your case forward.

ESTATE PLANNING FAQ's

What is an estate plan and why do I need one?

Many people believe estate planning is only necessary for the wealthy, but the reality is much simpler. If you own property, have assets, or have loved ones who depend on you, having a plan is essential.

An estate plan is a set of legal documents that serves as a roadmap for your future. It clearly outlines how your assets, property, and healthcare wishes should be handled if you pass away or become unable to make decisions for yourself.

Without an estate plan, Texas law determines what happens to your property. This is known as dying intestate. In these cases, the state follows a strict formula to distribute assets, which often does not reflect a person’s true wishes and can create unnecessary conflict for families during an already difficult time.

What documents should be included in a Texas estate plan?

While every plan is unique to the individual, a comprehensive estate plan generally consists of a "core" set of documents to cover both death and incapacity, along with additional tools for specific assets or family dynamics.

1. The Core Documents (Essential for Most)

Almost every robust estate plan should include these foundational documents:

Last Will and Testament: Designates who receives your assets and names an executor to manage the process.

Durable Power of Attorney: Appoints a trusted agent to manage your financial affairs if you are unable to do so.

Medical Power of Attorney: Appoints an agent to make healthcare decisions on your behalf during incapacity.

Advance Healthcare Directive (Living Will): Outlines your specific wishes regarding end-of-life care and life support.

HIPAA Release: Authorizes doctors to share your private medical information with your designated family members or agents.

What happens if I die without a will in Texas?

If you pass away without a valid will, you are considered to have died intestate. In this situation, you lose the ability to decide who inherits your property. Instead, the state of Texas applies a strict legal formula to distribute your assets.

The Consequences of Dying Intestate

Dying without a will often places unnecessary stress and responsibility on your loved ones during an already difficult time, including:

Complicated heirship determinations

The court must formally identify your heirs through a legal proceeding, which can be time consuming and costly.

Increased court involvement

Your family will likely face additional hearings and ongoing court supervision that could have been avoided with a will in place.

Family conflict

Because Texas law follows a one size fits all approach, it may not reflect your family’s actual relationships or intentions, increasing the risk of disagreements or litigation.

Unintended asset distribution

Texas law may divide your property between a spouse, children, or even parents and siblings in ways you never intended, particularly in blended family situations.

The Bottom Line

A will allows you, not the state of Texas, to remain in control. It ensures your assets are distributed according to your wishes and helps spare your loved ones from a complicated, public, and often stressful legal process.

Do I need a trust or is a will enough?

Whether a trust is necessary depends on your unique financial and family goals. While a Will ensures your assets are distributed according to your wishes, it typically requires your estate to pass through probate. A Trust, conversely, allows your family to bypass the probate process entirely, ensuring privacy and providing sophisticated tools for ongoing asset protection and management. Although trusts can be more costly to establish, they offer a level of control that wills cannot. Many Texans ultimately utilize both instruments to create a comprehensive estate plan, a strategy best determined alongside an experienced attorney.

How does probate work in Texas?

Probate is the formal legal process used to validate a will and transfer assets after someone passes away. Simply having a will does not bypass probate. A will must first be admitted by the court before it can be carried out.

The good news is that not all probate is the same. In Texas, many estates qualify for Independent Administration, a streamlined process with minimal court involvement. Others may be required to go through Dependent Administration, which involves more oversight, higher costs, and longer timelines.

With thoughtful planning, you can help ensure your estate qualifies for the simpler process or, in some cases, structure your assets to avoid probate altogether.

How often should I update my estate plan?

To ensure your estate plan remains effective, we recommend reviewing your documents every few years or whenever a significant life transition occurs. Events such as marriage, divorce, the birth of a child, or retirement can drastically alter your legal needs and financial goals. By keeping your plan current, you ensure that your assets are protected and your legacy is preserved exactly as you intend, regardless of how your life circumstances change.

Can estate planning help protect my home in Texas?

Securing your home, often your most valuable asset, requires thoughtful and strategic planning. In Texas, tools such as Lady Bird Deeds and Transfer on Death Deeds can allow homeowners to bypass the probate process and ensure a smooth transfer of property to their chosen beneficiaries.

Texas also offers unique homestead protections that provide an important layer of security against certain creditors. While these planning tools are beneficial for any homeowner, they are especially important for individuals with complex estates or multiple properties, where the risk of legal delays, disputes, and increased costs is significantly higher.

What is the difference between a living will and a medical power of attorney?

A living will, also known as an advance directive, allows you to clearly state your preferences for medical treatment if you become unable to communicate your wishes. A medical power of attorney, on the other hand, appoints a trusted person to make healthcare decisions on your behalf when you cannot.

Many Texans choose to include both documents in their estate plans to provide clear guidance, avoid confusion, and ensure their medical wishes are respected under any circumstance.

Is estate planning only for wealthy people?

No. Estate planning is for everyone, regardless of the size of your estate. Even if you have limited assets, you likely have bank accounts and care deeply about who will make important decisions for your children. Estate planning provides clarity, protection, and peace of mind for families at every income level.

How do I get started with estate planning?

The first step is to meet with an experienced estate planning attorney who understands Texas probate law. At our firm, we assist families throughout Central Texas, including Travis, Williamson, Bell Counties, with creating wills, trusts, and other estate planning tools tailored to their unique needs. Scheduling a consultation is the best way to start protecting your family, your assets, and your legacy.

PROBATE FAQS

Who has the right to probate an estate?

The individual authorized to manage the estate is generally referred to as the Personal Representative. The specific title depends on whether a will exists:

With a Will (Executor/Executrix): Usually the person explicitly named by the decedent in their will.

Without a Will (Administrator): A court-appointed individual. This is typically a close relative (like a spouse or adult child), though a non-relative or creditor may be appointed if necessary.

Important Note: Appointments are never automatic. Whether you are named in a will or are the next of kin, you do not have legal authority to act until the probate court formally approves your appointment and issues Letters Testamentary or Letters of Administration.

What happens to the property of the deceased after they passed?

When a loved one passes, everything they own (their “estate”) must be handled through the proper legal process:

If there is a will: The will is filed in court, and the executor pays debts and distributes property to the people named in the will.
If there is no will: Texas law decides who inherits (spouse, children, parents, etc.), and the court appoints someone to manage the estate.

Family members cannot divide or sell property right away—it must first go through probate to make sure debts are paid and ownership is transferred legally.

What happens if a loved one leaves no Will upon their death?

When a person passes away without a will in Texas, they are considered to have died intestate. In this situation, Texas intestacy laws, rather than the person’s personal wishes, determine who inherits the property. These laws generally prioritize spouses and children, but the outcome does not always reflect what the deceased would have wanted.

Choosing the Right Probate Procedure

Because no executor was named to manage the estate, the family must take legal steps to transfer ownership of assets. The appropriate probate option depends largely on the value of the estate, the types of assets involved, and whether there are outstanding debts.

Common Probate Options in Intestate Cases

• Small Estate Affidavit: A simplified process available for estates that fall below a certain value threshold, excluding the homestead, and that have minimal debt.

• Affidavit of Heirship: Often used to transfer title to real property when the estate is straightforward and uncontested.

• Determination of Heirship: A formal court proceeding used to legally establish who the rightful heirs are.

• Independent Administration: A more efficient probate process that allows the administrator to act with minimal court oversight, provided all heirs agree.

• Dependent Administration: A fully court-supervised process, typically required when there are disputes among heirs or significant estate debts.

Each option carries different requirements, timelines, and costs. Choosing the right path early can help avoid unnecessary delays and complications for the family.

Who Inherits an Estate in Texas Without a Will?

When a person passes away without a will in Texas, the distribution of their estate is governed by the Texas Estates Code. The law sets a specific order of inheritance based on family relationships, rather than personal wishes. Generally, the hierarchy works as follows:

Surviving Spouse, No Descendants:

If the individual is survived by a spouse and has no children, parents, or siblings, the spouse typically inherits the entire estate.

Surviving Spouse and Children:

When there is a surviving spouse and children, the estate is divided. The spouse usually retains their interest in community property, while the individual’s separate property and share of community property are divided between the spouse and children according to statutory percentages.

Unmarried with Descendants:

If there is no surviving spouse, the estate passes to the individual’s children or their descendants in equal shares, following a per stirpes distribution.

Unmarried with No Descendants:

If there are no children or descendants, the estate is distributed to the surviving parents in equal shares. If no parents are living, the estate then passes to siblings or more distant relatives, such as aunts, uncles, or cousins.

This statutory system often does not reflect how someone would choose to distribute their assets, which is why having a properly drafted will is so important.

What are some important things to know about Probate court in Texas?

Probate is the legal process through which a deceased person’s assets are identified, managed, and distributed to their beneficiaries or heirs under court supervision.

Probate proceedings can be complex and time-consuming. The process may involve filing the decedent’s will with the court, notifying heirs and creditors, paying valid debts, and ultimately distributing the remaining assets.

In Texas, probate matters are generally handled by the county court, though larger counties may have specialized probate courts. The court appoints an executor or administrator to oversee the estate unless the decedent’s will names a qualified executor.

A primary function of the probate court is to ensure that the decedent’s assets are distributed according to the terms of the will or, if no valid will exists, in accordance with Texas intestacy laws.

The probate court also resolves disputes that may arise during the process, including challenges to the validity of a will, creditor claims, or disagreements among beneficiaries or heirs.

It is important to note that probate can be costly. Court costs, attorney’s fees, and other administrative expenses are typically paid from the estate before distributions are made to beneficiaries.

In Texas, the probate process generally takes several months to complete, but it may take longer if disputes or other complications arise.

Can I represent myself in probate court?

Ehenrylaw.com – Website Changes

File

Comments

Catch up

Editing

Share: this file is shared

There is nothing to redo.

Paste

Conditional

Formatting

Format As

Table

Cell

Styles

Insert

Delete

Format

Sort &

Filter

Find &

Select

Add-ins

Copilot

In Texas, you may represent yourself in probate court, but you may not represent other heirs or beneficiaries unless you are a licensed attorney. While self-representation is permitted, it is important to understand that the probate process can be complex and involves strict legal requirements.

If you choose to proceed without an attorney, you are responsible for ensuring that all required documents are properly prepared, filed accurately, and submitted within the applicable deadlines. You must also comply with Texas probate laws and local court rules.

Additionally, probate matters often involve disputes among family members, creditor claims, or other contested issues. These situations can be emotionally challenging and difficult to manage without legal guidance. In such cases, hiring an attorney experienced in Texas probate law may help protect your interests and reduce the risk of costly errors.

Ultimately, the decision to represent yourself or retain an attorney depends on the complexity of the estate, your familiarity with legal procedures, and your ability to effectively advocate for yourself before the court.

Home Page
About Us
Practice Area-Probate
Practice Area-Estate Planning
FAQs
Probate FAQs

How much does probate cost?

The cost of probate in Texas can vary widely based on several factors, including the size and complexity of the estate, whether there are disputes among heirs, and the type of probate process required.

Common Probate-Related Costs

• Court fees: Probate courts charge filing and administrative fees, which vary by county and by the type of proceeding.

• Executor or attorney fees: Executors, administrators, and attorneys are entitled to reasonable compensation for their time and work. These fees depend on the complexity of the estate and the level of involvement required.

• Appraisal fees: Professional appraisals may be necessary for real estate, jewelry, or other valuable assets to establish accurate values.

• Publication fees: Some cases require legal notices to be published in a local newspaper to notify creditors or interested parties, with costs varying by publication and notice length.

What to Expect Overall

In Texas, probate costs can range from a few thousand dollars for a straightforward, uncontested estate to tens of thousands of dollars for more complex or contested matters. Estates with minimal assets and no disputes are typically less expensive, while those involving litigation, multiple properties, or creditor issues tend to cost more.

Because every estate is unique, speaking with an experienced probate attorney is the best way to get a realistic understanding of potential costs and identify the most efficient and cost-effective path forward.

Why Should You Hire an Attorney for Probate?

Losing a loved one is difficult enough without the added stress of navigating complex legal proceedings. While Texas law does not require you to hire a probate attorney, working with one is often the most effective way to protect both the estate and your peace of mind.

A More Efficient Process

Probate involves strict deadlines, required notices to creditors, and detailed court filings. An experienced probate attorney knows how to manage these requirements efficiently, helping avoid unnecessary delays and keeping the process moving forward instead of dragging on for months or longer.

Protecting Estate Assets

Estates that include real estate, business interests, or retirement accounts require careful handling. Proper legal guidance helps ensure assets are transferred correctly, tax issues are addressed, and costly mistakes are avoided.

Reducing Conflict and Stress

When multiple heirs are involved or emotions are running high, having an attorney provides structure and neutrality. A probate attorney helps ensure the estate is handled fairly, in compliance with Texas law, and with fewer misunderstandings or disputes among family members.

Ultimately, legal guidance during probate allows you to focus on healing while knowing the estate is being handled with care and professionalism.

What documents are needed to start probate?

Original Will

The physical document with original wet signatures. Please keep this document in a safe place and do not staple, mark, or alter it.

Death Certificate

A scanned copy is sufficient for intake. A certified physical copy will be required later in the process.

Heir Information

A list of all heirs, including full legal names, contact information, and ages if anyone is under 18.

Financial Snapshot

A general summary of the decedent’s assets and liabilities.

Who does the court appoint?

The individual responsible for handling an estate is generally called the Personal Representative, but the title depends on whether a valid Will exists:

Executor

If there is a Will, the Executor is the person named in that document to manage the estate and carry out its instructions.

Administrator

If there is no Will, or if the named Executor cannot or will not serve, the court appoints an Administrator. This is often a close family member, such as a spouse or adult child, but the appointment is ultimately made by the court.

Who can contest a will?

Heir at Law

A person who would inherit under Texas law if no Will existed, such as a spouse or child.

Prior Beneficiary

A person who was named in an earlier Will but removed or excluded from the most recent version.

Current Beneficiary

A person who is named in the current Will but believes the Executor is acting improperly or that the Will itself may be invalid.

Who gets notified during probate?

Texas law emphasizes transparency to ensure that everyone’s rights are protected during probate. As part of this process, the Executor or Administrator is generally required to provide formal notice to the following parties:

Beneficiaries

Individuals or organizations specifically named in the Will to receive property or assets.

Heirs

Close family members, such as a spouse, children, or parents, who would inherit under Texas law if there were no Will. Notifying heirs gives them the opportunity to raise concerns or contest the Will if they believe it is invalid.

Creditors

Entities to whom the estate may owe money, such as credit card companies, medical providers, or mortgage lenders. Notice typically includes publication in a local newspaper for unknown creditors and direct notice to known or secured creditors.

When should probate be filed?

Texas law allows you to file a Will for probate within four years of the date of death. However, you should not wait that long.

Why file sooner rather than later?

Asset Access: Accounts and property remain frozen until the court appoints an executor.

Creditor Issues: Debts continue to accumulate interest or fees if not addressed.

Evidence: Witnesses who can verify the Will or family history may move away or pass away.

What if it has been more than 4 years? You may still have options, such as “Muniment of Title” (to transfer real estate), but the process is more restrictive. You generally lose the ability to have an appointed Executor, meaning you cannot easily access bank accounts or deal with creditors.

When do creditors have to file claims?

It depends on whether they receive a specific notice from us.

If we send a certified letter: The creditor has strictly 120 days to file a claim. If they miss this window, their claim is permanently barred.

If we only publish a newspaper notice: Unsecured creditors (like credit card companies) can theoretically file claims at any time before the estate is closed or the general statute of limitations expires.

Secured Creditors (Mortgages/Car Loans): generally must specify how they want their claim handled within 6 months of the executor being appointed.

When do heirs receive property?

Before any family member receives a dollar, Texas law requires the estate to pay obligations in a specific priority order. The “Heir” is at the bottom of this waterfall:

Administration Expenses: Attorney fees, court costs, and preservation of property.

Funeral Expenses: Up to the statutory limit.

Family Allowances: Support for surviving spouses or minor children, if applicable.

Taxes & Debts: IRS obligations, mortgages, and credit cards.

Beneficiaries/Heirs: You receive whatever remains after categories 1–4 are satisfied.

Where to File Probate in Texas

You must file in the county where the deceased person permanently resided (was domiciled) at the time of their death.

Common Scenarios:

Example A: If they lived in Travis County, you file in the Travis County Probate Court.

Example B: If they lived in Harris County but passed away while visiting a hospital in Dallas, you still file in Harris County (where they lived), not Dallas.

What if they lived out of state? If the deceased lived in another state (e.g., Oklahoma) but owned property in Texas, you may need to file for Ancillary Probate. This is typically filed in the Texas county where their property (like a vacation home or mineral rights) is located.

Can a will be contested?

Yes, but simply “being unhappy” with the inheritance is not enough. You must prove one of specific legal grounds:

Lack of Capacity: The deceased did not understand what they were signing or who their family members were (e.g., advanced dementia).

Undue Influence: A caregiver or relative manipulated or pressured the deceased into changing the Will.

Improper Execution: The Will wasn’t signed, witnessed, or notarized according to strict Texas laws.

Fraud: The deceased was tricked into signing the document.

Note: Contesting a Will is a serious legal battle. It transforms a standard probate case into a full-blown lawsuit, which can take years and cost significantly more in legal fees.

If the deceased left debts, how are they paid?

Debts are the responsibility of the “Estate,” not the family members.

How it works:

The Executor gathers the deceased’s assets (bank accounts, property, etc.).

These assets are used to pay off valid debts (credit cards, medical bills, loans).

Only after debts are paid is the remaining money distributed to the heirs.

Are the heirs and family members responsible for the deceased’s debts?

Generally, no. You do not inherit debt.

The Rule: Creditors can only seek payment from the assets of the estate (the deceased’s bank accounts, property, etc.). They cannot demand payment from your personal funds.

The Outcome: If the estate runs out of money (“insolvency”), the remaining debts usually go unpaid and are written off by the creditors.

The Exceptions: You are only responsible if you:

Co-signed a loan (e.g., a car note or student loan).

Are a surviving spouse (in some cases, for specific community debts or medical “necessaries”).

Important Dates and Deadlines in Texas Probate

- Once you are appointed, the clock starts on these strict statutory deadlines. We will draft these documents for you, but we need your help to gather the information.
  
  Step 1: Qualify (Within 20 Days)
  
  Action: Sign your Oath and file any required Bond.
  
  Why: You cannot legally act (sign checks, sell property) until this is done and “Letters Testamentary” are issued.
  
  Step 2: Notify the Public (Within 1 Month)
  
  Action: Publish a notice in a local newspaper.
  
  Why: This starts the clock on unknown creditors.
  
  Step 3: Notify Lenders (Within 2 Months)
  
  Action: Send certified mail to secured creditors (Mortgages, Property Tax offices).
  
  Why: Failure to do this can leave you personally liable for the debt.
  
  Step 4: The Inventory (Within 90 Days)
  
  Action: Submit a full list of estate assets to the court.
  
  Pro Tip: If you have paid all debts, we may be able to file an “Affidavit in Lieu of Inventory” to keep the assets private.
  
  Step 5: The “Lockout” Notice (Optional, around Month 4)
  
  Action: Send a specific “Permissive Notice” letter to unsecured creditors (like credit cards).
  
  Why: This triggers a strict 120-day deadline. If they don’t file a claim within that window, their debt is permanently barred. Without this, they could theoretically sue the estate years later.
  
  Step 6: Taxes (By April 15th)
  
  Action: File the deceased’s final personal income tax return (Form 1040).
  
  Action (If needed): File an Estate Income Tax return (Form 1041) if the estate itself earned more than $600 in interest, rent, or dividends.
  
  Why: The IRS has priority over heirs. Distributing money before Uncle Sam is paid can make you personally liable for the unpaid taxes.
  
  Step 7: The “Safe to Pay” Date (Around Month 6-7)
  
  Action: Review the timeline to ensure the statutory period for creditors to file claims has expired.
  
  Why: Once this deadline passes, you can generally start distributing assets to heirs with much lower risk of having to ask for the money back later to pay a surprise bill.
  
  Step 8: Annual Accounting (Month 12)
  
  Action: Prepare a financial report showing all money that came in and went out during the last year.
  
  Why: Even in “Independent” administration, beneficiaries have the right to demand this report after 15 months. Having it ready at the 1-year mark protects you from accusations of hiding assets.