Probate
Your Trusted Houston, TX Probate Attorney
Experienced Houston Probate Attorney for Your Estate Needs
Navigating the complexities of probate law in Houston requires an experienced attorney who understands Texas statutes and local court procedures. At the Law Firm of Troy M. Moore, PLLC, we specialize in providing compassionate and efficient probate services to ensure the seamless transfer of your loved one's estate.
Comprehensive Probate Services in Houston, Texas
Our Houston-based probate law firm offers a full spectrum of services tailored to meet your specific needs, including:
- Validating and Executing Wills
- Administering estates with or without a Will
- Handling probate real estate transfers
- Representing Clients in Probate Court proceedings
We are committed to guiding you through each step of the Texas probate process with clarity and professionalism.
Why Choose Our Houston Probate Law Firm
With over 23 years of experience serving clients in Houston, Spring, Tomball, Cypress, the Woodlands, and surrounding areas, our office is known for:
- Efficient and straightforward probate procedures, usually for a flat fee.
- Personalized attention to each client's unique situation.
- A proven track record of successful estate administrations
Our goal is to alleviate the stress associated with probate matters, providing you with peace of mind during a challenging time.
Understanding the Texas Probate Process
In Texas, probate is the legal process through which a deceased person's estate is properly distributed to heirs and designated beneficiaries. Whether or not a Will exists, certain legal procedures must be followed to ensure the rightful transfer of assets. Our knowledgeable probate attorney will assist you in understanding your options and executing the necessary steps to settle the estate efficiently.
Contact Your Trusted Houston Probate Attorney Today
If you're seeking a "probate attorney near me" in the Houston area, look no further. Contact the Law Office of Troy M. Moore, PLLC, to schedule a consultation. We are here to provide the legal support and guidance you need to navigate the probate process successfully. Contact Us.
If you don’t have time to call and need more information, please see our Texas Probate Process Summary page by clicking here. You will find it very informative.
The starting point for any probate attorney case is whether or not there was a Will for the Decedent. See below for the analysis on probate options, largely depending on whether or not there was a Last Will & Testament at the time of death.
Contact Your Trusted Houston Probate Attorney Today
If you're seeking a "probate attorney near me" in the Houston area, look no further. Contact the Law Office of Troy M. Moore, PLLC, to schedule a consultation. We are here to provide the legal support and guidance you need to navigate the probate process successfully. Contact Us.
If you don’t have time to call and need more information, please see our Texas Probate Process Summary page by clicking here. You will find it very informative.
The starting point for any probate attorney case is whether or not there was a Will for the Decedent. See below for the analysis on probate options, largely depending on whether or not there was a Last Will & Testament at the time of death.
Was there a Will or Not? Yes Or No?
If the answer if ‘Yes,’ then you have two very good options, which are 1) probate the Will in Probate Court, or 3) probate the Will in Court as a Muniment of Title only.
Answer: Yes
- Probate of Will in Court: this is the traditional method for probating a Last Will & Testament in Texas. The Will is filed with an Application to Probate the Will, and the Court appoints an Executor and orders, usually, an Independent Administration. The Executor is in charge of the Estate, as well as distributing the assets to the beneficiaries and filing an accounting with the Court for the Judge to sign. After the Probate Judge appoints the Executor over the Estate, a special document called Letters Testamentary is issued by the clerk to the Executor, which allows the Executor to access bank accounts, retitle assets, sell probate real estate, etc.
- Probate of Will as a Muniment of Title: this is a less desirable way to probate a Will, but this procedure is most useful when dealing with a Will that needs to be probated more than four years after the Decedent passed away. Under Texas law, the statute of limitation is four (4) years to Probate a Will and have an Independent Administration by the Probate Court. Click the link in the title for more info.
Answer: No
If the Decedent did not have a Will, you have various options depending on the circumstances:
- Judicial Determination of Heirship: this is the formal legal process for establishing who has inheritance rights from a person who dies without a Will. This will transfer title to real estate and personal property. This is a formal lawsuit before the probate judge and also involves a court appointed probate attorney ad litem to perform an independent investigation of the family structure of the Decedent.
- Judicial Determination of Heirship with Administration: this is the formal legal process for establishing 1) who has inheritance rights from the Deceased, and 2) who is in charge of the Estate as the Administrator. This is the best way to probate an intestate estate where you have a Personal Representative appointed over the Estate, which allows for complete flexibility on options available to get the job done. All too often these days folks die without a Will -- we can help you sort through the difficulties of which process is the best AND least expensive, given your situation and your estate assets.
- Small Estate Affidavit: you can use this if there is no Will and the Decedent only had less than $75,000 in assets, excluding the house. See our page for more explanation and limitations for this excellent alternative to full probate court.
- Alternatives to Probate: there are several alternatives to probate that are available, depending on your situation. An Affidavit of Heirship can be used instead of probate if you have assets less than $5,000.00 in personal property.
Was there a Will or Not? Yes Or No?
If the answer if ‘Yes,’ then you have two very good options, which are 1) probate the Will in Probate Court, or 3) probate the Will in Court as a Muniment of Title only.
Answer: Yes
- Probate of Will in Court: this is the traditional method for probating a Last Will & Testament in Texas. The Will is filed with an Application to Probate the Will, and the Court appoints an Executor and orders, usually, an Independent Administration. The Executor is in charge of the Estate, as well as distributing the assets to the beneficiaries and filing an accounting with the Court for the Judge to sign. After the Probate Judge appoints the Executor over the Estate, a special document called Letters Testamentary is issued by the clerk to the Executor, which allows the Executor to access bank accounts, retitle assets, sell probate real estate, etc.
- Probate of Will as a Muniment of Title: this is a less desirable way to probate a Will, but this procedure is most useful when dealing with a Will that needs to be probated more than four years after the Decedent passed away. Under Texas law, the statute of limitation is four (4) years to Probate a Will and have an Independent Administration by the Probate Court. Click the link in the title for more info.
Answer: No
If the Decedent did not have a Will, you have various options depending on the circumstances:
- Judicial Determination of Heirship: this is the formal legal process for establishing who has inheritance rights from a person who dies without a Will. This will transfer title to real estate and personal property. This is a formal lawsuit before the probate judge and also involves a court appointed probate attorney ad litem to perform an independent investigation of the family structure of the Decedent.
- Judicial Determination of Heirship with Administration: this is the formal legal process for establishing 1) who has inheritance rights from the Deceased, and 2) who is in charge of the Estate as the Administrator. This is the best way to probate an intestate estate where you have a Personal Representative appointed over the Estate, which allows for complete flexibility on options available to get the job done. All too often these days folks die without a Will -- we can help you sort through the difficulties of which process is the best AND least expensive, given your situation and your estate assets.
- Small Estate Affidavit: you can use this if there is no Will and the Decedent only had less than $75,000 in assets, excluding the house. See our page for more explanation and limitations for this excellent alternative to full probate court.
- Alternatives to Probate: there are several alternatives to probate that are available, depending on your situation. An Affidavit of Heirship can be used instead of probate if you have assets less than $5,000.00 in personal property.
FAQ
What does a probate lawyer do?
You might ask yourself, “What questions do I ask a probate attorney?” A probate lawyer is an attorney who is practicing law with a practice focus on probate and estate administration. Probate law deals with Wills, sometimes including Trusts, and how they translate into probate and estates. The probate process is a related practice to Wills and Trusts because they can interplay together in practice with before the Judge at Probate Court. Probate law also applies to estates of dead people who have died without a Last Will & Testament. When you die without a Will, you are said to have died "Intestate."
How much does an attorney charge for probate?
Legal representation by an attorney in connection with wills and trusts for probate is usually done by a flat fee, if possible. Probate lawyer fees vary widely depending on the probate attorney’s experience. Obviously, an experienced probate attorney with decades of experience will charge more in probate lawyer fees than a newly licensed lawyer. Tax law can come into play for the beneficiary or heir to a Will or other asset. When trying to determine for yourself the question, “how much does it cost to hire a probate attorney,” it is usually less than four thousand dollars.
Is a lawyer needed for probate?
If you ask yourself, “Do I need a probate lawyer?” then the short answer is — probate law regarding probate and estate administration does not require a probate attorney who is practicing law in the related practice of the probate process. However, just like with a broken leg, you are not required to see a doctor to set your broken bone — you are far better off hiring an attorney who has a practice focus of legal representation of individuals concerned with probate and estates.
What do I need to bring to a probate lawyer?
You should bring your experienced probate attorney the following:
- The Last Will & Testament (if there is one) & all Wills & Trusts of the deceased.
- The Death Certificate (if you already have it — if not, that is fine to go without it).
- Any available bank statements for any accounts that did not have joint account holders.
- Any letters received from life insurance companies for life insurance policies that will pass through the probate estate for the family member.
- A list of questions to ask a probate attorney.
- Any business corporate books that spell out the agreement of the owners of any business owned wholly or in part by the deceased
- Any Transfer on Death Deeds made prior to the deceased’s death.
- Recent retirement account statements from all retirement accounts owned by the deceased (and make sure to not take action that triggers tax law).
- Any Living Trust that the deceased is a beneficiary of (meaning a Living Trust that he/she did not create — as segregated from the above reference).
What questions to ask a probate attorney?
You should find out the following:
- How long the attorney has been practicing probate law with a practice focus on probate?
- Who gets what and in what percentages under the Will or heirship law after my loved one’s death?
- Is the Will a valid Last Will & Testament under Texas law?
- What if I do not get along with certain members of my family?
- Who will be in charge of distributing the family member’s property?
- How long will this process take?
- When will I be able to transfer property and gain access to bank accounts?
- All of the above are very relevant questions to ask a probate attorney.
How Long Does Probate Take in Texas?
The probate process in Houston typically takes 1 to 3 months, but it can take longer if the estate is contested. Factors affecting probate length include:
- Whether there is a valid will.
- The complexity of the estate.
- Potential disputes among heirs.
- Court schedules in Harris County.
The Will leaves me everything -- Why do I need to go to Probate Court?
Probate Court is where a person's Last Will & Testament is examined by the Judge in order to make sure it is a valid Will. But, secondarily, the probate process, which is generally called Administration, is primarily there as a way for creditors to get one last bite at the apple at collecting any debts owed by the Deceased individual. The Probate Court Administration of the Decedent's Last Will & Testament consists of a public process where the Will is offered for probate, and then, after a designated waiting period, a personal representative is appointed by the Court (i.e. an Executor or Administrator). This allows for the public at large to be able to rely on that Will, filed for record in the probate Court, as the person's actual very Last Will & Testament, and not a previous Will that has been revoked.
Does a surviving spouse need to probate their deceased spouse's estate in Texas?
Probably, unless the deceased spouse did proper estate planning to avoid probate court. 90% of the time, real estate is the primary reason why probate is required. If thre are bank accounts that the surviving spouse was not an account-holder on, that is another common reason on needing to go to Probate Court. The bottom line is, if you have probate assets that are community assets purchased during the marriage, probate will be required for any formal transfer of title that needs to be recoznied in the public domain.
What is probate in Texas and how does it work?
Probate in Texas is the legal process of settling a deceased person’s estate. It involves:
- Validating the will (if one exists).
- Appointing an executor or administrator.
- Identifying and valuing assets.
- Paying debts and taxes.
- Distributing remaining assets to beneficiaries.
Texas offers simplified probate options, such as independent administration, which can speed up the process.
Do all estates have to go through probate in Texas?
No, not all estates require probate. Texas law allows forprobate avoidance when:
- The estate is under $75,000 (Small Estate Affidavit).
- Assets are placed in a revocable living trust.
- Property is co-owned with survivorship rights.
- Accounts have named beneficiaries (e.g., life insurance, retirement funds).
How much does probate cost in Texas?
Probate costs depend on estate complexity but generally include:
- Court filing fees: $700 - $1,600
- Attorney fees: Starting at $3,000
- Executor fees: Set by law or the will
- Other costs: Appraisals, bond fees, and creditor notifications
For a cost estimate, schedule a probate consultation.
What probate court handles cases in Houston, TX?
Houston probate cases are handled by Harris County Probate Courts:
These courts oversee estate administration, contested wills, and guardianships.
Can I avoid probate in Houston, Texas
Yes, probate can be avoided by:
- Creating a revocable living trust.
- Naming beneficiaries on financial accounts.
- Holding property in joint tenancy with survivorship rights.
- Using a Transfer-on-Death (TOD or TODD) deed for real estate.
How do I find a probate attorney in Houston?
To find the best Houston probate attorney:
- Choose an attorney with experience in Texas probate law.
- Read client reviews and testimonials.
- Ensure they handle contested and uncontested probate cases.
- Schedule a free consultation to discuss your case.
What happens if someone dies without a will in Texas?
If someone dies without a will, Texas intestate succession laws apply:
- Spouse and children inherit first.
- If unmarried, parents and siblings inherit.
- If no close relatives exist, the estate may escheat to the state.
What are the duties of an executor in Texas probate?
An Executor must:
- File the will with the Harris County Probate Court.
- Notify heirs and creditors.
- Pay debts and taxes from the estate.
- Distribute assets as outlined in the will.
Can probate be contested in Texas?
Yes, probate can be contested for:
- Fraud or undue influence in the will.
- Lack of mental capacity of the deceased.
- Improper Will execution (e.g., missing signatures).
Heirs must contest probate within two years of probate opening. Learn more about contesting a will in Texas.
What if the deceased had debts in Texas?
Debts must be settled before distributing assets. However, heirs are NOT responsible for debts unless:
- They co-signed a loan.
- They are a spouse in a community property marriage.
How does probate work for out-of-state executors in Texas?
Out-of-state executors must:
- File a probate application in Harris County.
- Appoint a registered agent in Texas (don't worry -- we do this for you).
- Comply with Texas probate laws.
Our firm provides legal guidance for out-of-state executors, and routinely represents executors from all over the world.
How do I start the probate process in Houston?
To start probate, you must:
- File an application in Harris County Probate Court.
- Attend a probate hearing to confirm the executor.
- Notify creditors and beneficiaries.
- Inventory and appraise assets.
- Pay debts and distribute assets.
For personalized legal help, schedule a free consultation.
Can I handle probate myself in Texas, or do I need a lawyer?
You may handle probate alone for simple cases, but hiring a probateattorney is recommended when:
- The estate is large or complex.
- Disputes arise between heirs.
- The Will is missing or unclear.
Get in touch