A loved one passed away — now what happens to their estate?
Quick Answer
Probate is the court process that settles someone’s estate after they pass away — paying debts, transferring assets, and making sure everything goes where it’s supposed to go. If you’ve been named executor, or a family member died without a will, you’re likely required to go through it, and the paperwork and deadlines can pile up fast. We handle the court filings and legal requirements so you’re not learning probate law on top of everything else you’re dealing with right now.
Probate Lawyer in Houston, Texas
When someone you love passes away in Texas, the will doesn’t transfer anything by itself. A Texas court has to admit it. Until that happens, the bank won’t release accounts, the title company won’t touch the house, and whoever’s been named executor has no legal authority to do anything.
Most Houston families call us at one of three moments. The funeral is over and the bills are still showing up. The bank just said the words “Letters Testamentary” and nobody knows what that means. Or it’s been months — sometimes years — and a piece of property still has a deceased parent’s name on the deed and now somebody wants to sell.
Your Legacy Legal Care® has guided Houston families through Texas probate for almost 30 years. We work on flat fees for most uncontested matters, so the family knows the cost up front. We handle everything from the simplest muniment of title to contested will challenges across Harris, Galveston, Brazoria, Fort Bend, Montgomery, and Matagorda Counties. And we’re an estate planning firm first, which means the same team that probates this estate is here when the family wants to make sure their kids never have to do this again.
Schedule a Probate Strategy Session →
Who Pays for a Probate Lawyer in Texas?
Texas Estates Code §352.051 allows the executor to pay attorney fees out of the estate, not out of pocket. The estate reimburses the executor for any costs they advance — court filing fees, certified copies, the bond premium. While the estate ultimately pays these fees, the executor may not be reimbursed for many months (or even years). Beneficiaries do not personally pay the probate lawyer’s fee. The estate does, before the remaining assets are distributed.
How Long Does Probate Take in Houston?
A simple independent administration in Harris, Galveston, Brazoria, Fort Bend, or Montgomery County typically closes in about six months from the date of filing. A muniment of title can wrap up in 30 to 60 days when it qualifies. Contested matters, dependent administrations, or estates that have to sell real property can stretch to 12 to 18 months or longer. The fastest probate is the one that gets opened the right way the first time — the slowest is the one that gets re-filed because the original application went to the wrong court or named the wrong applicant.
Texas Probate Services We Handle
Most probate cases in the Greater Houston area fall into one of seven categories. Our firm handles all of them.
Independent Administration
The default for most Texas wills. The executor receives Letters Testamentary and settles the estate with minimal court supervision. Our firm handles the application, the proof of death, the inventory or affidavit in lieu of inventory, the executor’s duties, and the closing — usually start to finish in about six months.
Dependent Administration
Required when the will doesn’t authorize independent administration, when the heirs disagree, or when there’s no will, to void paying certain creditors, and the family can’t agree on a path forward. Every transaction needs court approval, which means more hearings, more time, and more cost. Sometimes it’s the only option, but we work hard to find a less expensive route when one exists.
Muniment of Title
A streamlined Texas-only proceeding for estates where the only asset to transfer is real property and there are no unpaid debts other than a mortgage. One court hearing, no executor appointment, no inventory. When it qualifies, it’s the fastest and least expensive way to clear title in Texas.
Letters of Administration
What the court issues when somebody dies without a will. The court appoints an administrator and the estate passes by Texas intestacy rules — which often surprise the family, because the rules don’t always match what the deceased “would have wanted.”
Schedule Your Consultation Now
Heirship Determination
Used when there’s no will and the family needs the court to formally identify the legal heirs. Often required to clear title on real estate or transfer mineral rights when no probate was ever opened.
Small Estate Affidavit
For estates under $75,000 with no real property other than a homestead. A signed and witnessed affidavit can transfer most assets without a full probate when the situation qualifies.
When Texas Families Need Probate
You almost certainly need a probate attorney if the deceased owned a house, land, or mineral rights in their sole name; if you have been named executor in a Texas will; if the bank or title company is asking for Letters Testamentary; if there is no will and family members are asking who’s in charge; if it’s been close to four years since the death and probate has not been opened (Texas gives you four years to admit a will, and after that the will is treated as if it never existed); or if you think the will may be contested.
You probably don’t need probate if all assets were held in a properly funded living trust, if every account had a named beneficiary, or if everything was jointly owned with right of survivorship and the survivor only needs a death certificate to take over. The trouble is that most Texas families have a mix — a house in one spouse’s name, a brokerage account with no beneficiary named, a checking account that’s joint. One unplanned asset is enough to put the family back in court.
Common Mistakes in Texas Probate
The same mistakes show up in Houston probate court over and over again. The most expensive one is waiting too long — Texas gives the family four years from the date of death to admit a will, and we see families lose that window because nobody wanted to deal with it. After four years, the will is treated as if it never existed and the estate passes by intestacy law instead which often send the assets to the wrong people.
The second most expensive mistake is filing the wrong type of probate. Choosing dependent administration when independent would have worked adds months and thousands. So does picking the wrong applicant, naming a co-executor who can’t legally serve, or trying to file pro se when Texas requires an attorney. Harris County probate clerks routinely reject DIY filings on technical grounds, and every rejected filing means another month of delay.
Other costly missteps we see weekly: the executor pays bills out of personal funds before being officially appointed, then can’t reimburse themselves cleanly. Assets get distributed to beneficiaries before creditors are notified, and the executor becomes personally liable. The family forgets to transfer the homestead exemption at the appraisal district, and the property tax bill triples the following year. Real property gets sold without an Order of Sale when one was required, and the title insurance company refuses to insure the buyer.
A 30-minute conversation with a probate lawyer before any of these happens almost always pays for itself.
Why Houston Families Choose Your Legacy Legal Care®
We’ve been doing this work in Houston for almost 30 years. Attorney Kim Hegwood founded the firm to handle estate planning and probate the way she wished her own family’s plan had been handled — proactively, in plain English, with the same team standing by when somebody actually dies. The firm holds the Houston Chronicle’s Best Trust & Estate Law Firm award, and we operate from five offices across the Greater Houston area: Clear Lake, theGalleria,Katy, Bay City, and Sugar Land.
What sets us apart in probate isn’t just the legal work. It’s that almost everyone on our team has either lost a parent, been a caregiver, or walked their own family through a probate. That shows up in how we explain things, how we pace the work, and how we handle the moments when one sibling is grieving and the other is asking when the money comes.
Most of our probate cases are quoted as a flat fee before the family commits. No hourly meter running in the background. No surprise invoices six months in. The price is the price, in writing, on day one.
Schedule a Probate Strategy Session
If you’ve just lost someone and you don’t know where to start, the first conversation is the one that tells you what you are actually dealing with, whether probate is even necessary. What type of probate fits the situation. What it will cost, and how long it will take. That’s true whether or not you decide to hire us.
Houston — Main Office
- Address:1150 Clear Lake City Blvd., Suite 100 Houston, TX 77062
- Hours: M-F 9:00 A.M.-5 P.M.
- Phone:(281) 218-0880
Katy
- Address:10810 Katy Fwy #102, Houston, TX 77043
- Hours: M-F 9:00 A.M.-5 P.M.
- Phone:(281) 218-0880
Bay City
- Address:2232 Avenue G Ste 100, Bay City, TX 77414
- Hours: M-F 9:00 A.M.-5 P.M.
- Phone:(281) 218-0880
Sugar Land
- Address:120 Eldridge Rd Ste A, Sugar Land, TX 77478
- Hours: M-F 9:00 A.M.-5 P.M.
- Phone:(281) 218-0880
Schedule a Probate Strategy Session →
Five offices serving the Greater Houston area and clients across Texas.
Areas served
-
Houston
-
Clear Lake
-
Webster
-
League City
-
Friendswood
-
Pearland
-
Pasadena
-
Baytown
-
Katy
-
Cypress
-
Fulshear
-
Sugar Land
-
Missouri City
-
Galleria / Uptown
-
Bay City
-
Matagorda County
Frequently Asked Questions
How Much Does It Cost to Probate a Will in Texas?
A simple uncontested probate is around $4,000 in attorney fees plus $300 to $400 in court costs. Complex or contested estates cost more. Our firm will quote a flat fee for uncontested matters before the work begins.
How Long Do You Have to Probate a Will in Texas?
Four years from the date of death. After that, the will is treated as if it never existed and the estate passes by intestacy. Limited exceptions exist for a muniment of title filed beyond four years, but they require proving the applicant was not in default.
Do You Need a Lawyer for Probate in Texas?
Yes for any contested matter and almost all administrations. Texas requires the executor of a will to be represented by a licensed attorney because the executor represents the interests of the estate, not just themselves.
Does a Surviving Spouse Need Probate in Texas?
Often yes for real property. Texas is a community property state, so the deceased spouse’s 50% interest in the home still has to transfer through probate before the survivor can sell or refinance. Joint bank accounts with right of survivorship typically don’t require probate — a death certificate is usually enough.
What Happens If You Don’t Probate a Will in Texas?
Real property stays stuck in the deceased’s name. The surviving spouse can’t sell or refinance the home, mineral leases can’t be transferred, and the heirs can’t access the property’s value. Personal property and bank accounts may also be inaccessible depending on how they were titled.
When Is Probate Not Necessary in Texas?
When every asset has a built-in transfer mechanism: assets held in a living trust, retirement accounts and life insurance with named beneficiaries, joint accounts with right of survivorship, real estate with a transfer-on-death deed or Lady Bird deed, and payable-on-death designations on bank accounts.
What Is the Difference Between Independent and Dependent Administration in Texas?
Independent administration runs with minimal court supervision — the executor handles the estate and reports back at the end. Dependent administration requires court approval for every transaction, which is slower and more expensive. Most Texas wills authorize independent administration; when they don’t, the family can sometimes still request it with the consent of all beneficiaries.
Can You Probate a Will Without Going to Court in Texas?
A muniment of title is the closest Texas equivalent. It’s a single court hearing with no executor appointment, suitable when the only asset to transfer is real property and there are no debts other than a mortgage.
