Question 1

Do I have to use the same attorney that drafted the will to probate it at the time of death?

Accepted Answer

No, any licensed Texas attorney can probate the will.

Question 2

Does every estate need to be probated?

Accepted Answer

No. If there is no property in the name of the decedent, there is no need for probate. For example, if a loved one lived in a nursing home, owned no house, had no financial account or other assets, it is likely that nothing needs to be done. This is true even if there was a will. Additionally, some types of assets, like life insurance and bank accounts, will pass to named beneficiaries or joint owners upon the presentment of a death certificate.

Question 3

If probate is necessary, what does that look like?

Accepted Answer

Texas has a relatively fast and efficient probate system. The type of probate procedure needed depends on several factors such as whether there was a will (and if the original can be found), the estate size, debts of the estate, and whether there are disabled or minor heirs. Read more about the most common Texas probate procedures on our Probate page.

Question 4

Do we need a Probate Attorney?

Accepted Answer

Sometimes communicating with financial institutions and completing paperwork might be all that is needed. However, when a will needs to be probated or when a determination of heirship or an administration is necessary, hiring a probate attorney is usually required. When in doubt, many families consult a probate attorney. Even if the attorney indicates that probate is not necessary, the advice and peace of mind obtained can be very valuable.

Question 5

How long does it take to work through the probate process?

Accepted Answer

By law, you typically have four years from the time of your loved one’s death to probate a will. Sometimes, the probate process is simple and only takes a few weeks, but if the estate or family situation is complex, it may take substantially longer.

Question 6

What does it cost to probate a loved one’s estate?

Accepted Answer

The cost of probate varies depending on what is needed and on the law firm. You should weigh the value of the estate against the cost of legal services. For very small amounts of money, it may not be cost effective to do anything. When in doubt, schedule a consultation with a probate attorney.

Question 7

Do you offer flat fee services?

Accepted Answer

Yes, but not all cases qualify for our flat fee services. For more information about our flat fee services in Probate, Guardianship, and Estate Planning, click here.

Frequently asked questions