Probate is the legal process by which a court oversees the distribution of a deceased person’s estate. It includes validating a will (if one exists), identifying heirs or beneficiaries, paying debts and taxes, and distributing remaining assets.

In most cases, yes. In Texas, probate procedures typically require the involvement of a licensed attorney because the person handling the estate—whether an executor or administrator—is not representing themselves, but rather acting on behalf of the estate as a legal entity. This is considered the unauthorized practice of law if done without an attorney. An experienced probate attorney can ensure the process is carried out properly, help you fulfill your legal obligations, and avoid costly delays or errors.

Not necessarily. Some estates qualify for simplified procedures or may avoid probate entirely if assets meet certain conditions. Probate can be avoided if assets are:

- Jointly owned with explicit right of survivorship language, allowing them to pass automatically to the surviving owner;

- Have designated beneficiaries, such as life insurance policies or retirement accounts; or

- Held in a trust, which is designed to bypass probate.

However, most estates involving real property or significant assets will require some level of court involvement.

The duration of probate depends on the complexity of the estate, the presence of a valid will, and whether disputes arise. A straightforward, uncontested probate can take 6 to 9 months. More complex or contested matters can take a year or longer.

If the deceased did not leave a will, their estate will be handled under Texas intestacy laws. This typically involves a legal process called a Determination of Heirship to identify rightful beneficiaries.

We offer focused probate knowledge, responsive communication, and personal guidance grounded in Houston law and practice.

When a person dies without a will (intestate), their assets are distributed according to Texas intestacy laws. The court will determine heirs and appoint an administrator to manage the estate. This process can be more time-consuming and costly than probating a valid will.

An executor (named in a will) or administrator (appointed by the court if there’s no will) is responsible for managing the estate. This includes collecting and valuing assets, paying debts and taxes, and distributing property to beneficiaries or heirs.

Yes. Probate can be contested if there are concerns about the validity of the will, undue influence, fraud, or disputes among heirs. Contested probate proceedings can delay the distribution of the estate and may require court hearings or mediation.