Texas Probate Services
The best way to ensure your probate is done right is to choose your attorney wisely. Do not assume that all attorneys are the same!
Fort Bend County and Harris County Texas Probate Services
If you are here to learn about Texas probate after the passing of a loved one, we first want to say that we are very sorry for your loss. We hope that the information you find on this page will simplify any legal and administrative headaches you might otherwise face during such a difficult time.
With that said, probate in Texas is a court-supervised procedure that helps to ensure the legal transfer of assets from the deceased to the rightful heirs or beneficiaries. Probate in Fort Bend or Harris County is also necessary to:
- Prove the validity of the will
- Appoint someone to manage the estate (The “administrator” if there is no will or the “executor” if there is one)
- Inventory and appraise the estate property
- Pay any debts or taxes (including estate taxes)
- Distribute the property as direct by the will—or by the state law if there is no will
Probate in Texas are governed by the Texas Estates Code, which provides several options for administering an estate. Here are some key probate services and procedures available:
Muniment of Title: This is a simplified probate process used when there is a valid will and no unpaid debts other than those secured by liens on real estate. It allows the will to serve as evidence of title to the decedent’s property without the need for letters testamentary or filing an inventory. This process is formal and requires a court proceeding.
Small Estate Affidavit: Available for estates valued at $75,000 or less, excluding homestead and exempt property. It allows heirs to collect the decedent’s assets without formal probate, provided certain conditions are met.
Non-Judicial Evidence of Heirship: An affidavit of heirship is a sworn statement listing the heirs of the deceased, signed by someone familiar with the decedent’s family but not entitled to inherit. It does not require court approval.
Judicial Determination of Heirship: A court can determine the heirs of a decedent who did not leave a will, with or without an administration.
Informal Administration of Community Property: A surviving spouse may transfer community property without probate under certain circumstances, though this does not apply to real estate.
My Loved One Had A Trust...Will We Need To Go Through Probate?
In most cases, no. If your loved one’s assets are owned in the name of a Trust, the family can contact a lawyer who will complete some paperwork and guide the loved ones through the process with ease without the need for court involvement.
Unfortunately, many people who have a Trust think they have it all taken care of. But time and again, family members of a recently passed loved one come into my office and they find out they are facing the frustration, expense, and delay of a probate, even though the person they loved had a trust.
Why is that?
Often the Trust was prepared many years ago and was never updated; and often, their loved ones’ assets were not owned in the name of their Trust. That is why it is so very important that you carefully choose your estate planning attorney and have regular reviews of your plan and assets so the planning you do now works as planned later.
It’s why we do things so much differently than most other lawyers and law firms, here at Akinlabi Law.
How Is The Distribution Of The Estate Handled If There Is No Will?
If a person dies without a will, their estate is distributed according to Texas intestacy laws, the distribution hierarchy is as follows:
Surviving Spouse: The surviving spouse’s share depends on whether the deceased had children and whether those children are also the children of the surviving spouse.
- If all children are from the surviving spouse, the spouse inherits all community property and one-third of the separate personal property, plus a life estate in one-third of the separate real property.
- If the deceased had children from another relationship, the surviving spouse retains their half of the community property, and the children inherit the deceased’s half. The spouse also receives one-third of the separate personal property and a life estate in one-third of the separate real property.
Children: The children inherit the remainder of the estate after the spouse’s share. If there is no surviving spouse, the children inherit everything.
Parents: If there are no children or descendants, the estate is divided between the surviving parents. If only one parent survives, they inherit half, and the other half goes to the siblings of the deceased.
Siblings: If there are no surviving parents, the siblings inherit the estate.
Extended Family: If there are no immediate family members, the estate may pass to more distant relatives, such as grandparents, aunts, uncles, or cousins.
These rules ensure that the estate is distributed to the closest living relatives in a manner that reflects the presumed intent of the deceased. Contact a Texas probate attorney for your specific situation.
How Long Does Probate Take in Texas?
The duration of probate in Texas can vary widely depending on several factors, including the complexity of the estate, the type of probate process, and whether there are any disputes among beneficiaries. Generally, the probate process in Texas can take anywhere from a few months to over a year. Here are some factors that can influence the timeline:
Type of Probate:
- Independent Administration: This is the most common and efficient form of probate in Texas, often taking around 6 to 12 months. It allows the executor to administer the estate with minimal court supervision.
- Dependent Administration: This process requires more court oversight and can take longer, often over a year, due to the need for court approval at various stages.
Complexity of the Estate: Estates with numerous assets, debts, or business interests can take longer to administer due to the need for valuations, sales, and distributions.
Contested Wills or Disputes: If there are disputes among beneficiaries or challenges to the will, the probate process can be significantly delayed as these issues are resolved.
Court Schedules: The probate court’s schedule and workload can also impact the timeline, as delays may occur if the court is backlogged.
Compliance with Legal Requirements: Executors must comply with various legal requirements, such as notifying creditors and filing tax returns, which can affect the duration of probate.
While the process can be lengthy, working with an experienced probate attorney at Akinlabi Law can help streamline the process and address any issues that arise efficiently.
How Much Does Probate Cost in Texas?
The cost of probate in Texas can vary significantly depending on several factors, including the complexity of the estate, the type of probate process used, and the fees charged by attorneys and the court. Here are some typical costs associated with probate in Texas:
Court Fees: These can range from a few hundred to over a thousand dollars, depending on the county and the type of probate process.
Attorney Fees: Attorneys may charge an hourly rate, a flat fee, or a percentage of the estate’s value. Hourly rates can vary widely, but it’s common for probate attorneys to charge between $200 and $500 per hour. Flat fees might range from $2,500 to $5,000 or more, depending on the complexity of the estate.
Executor Fees: Executors are entitled to compensation for their services, which is typically a percentage of the estate’s value. In Texas, the standard fee is about 5% of the estate’s gross value, but this can be adjusted by the court.
Appraisal and Valuation Fees: If the estate includes real estate or other valuable assets, appraisals may be necessary, which can add additional costs.
Miscellaneous Costs: These can include costs for postage, copies, publication of notices, and other administrative expenses.
The total cost of probate can vary widely, but it is not uncommon for probate costs to range from 3% to 7% of the estate’s total value. It’s important for executors and beneficiaries to discuss potential costs with a probate attorney to get a clearer understanding of what to expect. Contact us at
Getting Help: Choosing The Right Attorney For Your Probate Case
Choosing the right attorney for your probate case in Texas is crucial to ensure a smooth and efficient process. Look for an attorney who specializes in probate and estate planning. Experience in Texas probate law is essential, as it can vary significantly from other states. Many attorneys offer a free or low-cost initial consultation. Use this opportunity to discuss your case, ask questions, and assess the attorney’s communication style and approach. Also, ensure you understand the attorney’s fee structure. Some may charge hourly rates, while others might offer flat fees for certain services. Ensure you are comfortable with the costs and any potential additional expenses. Choose an attorney who communicates clearly and promptly. They should be able to explain complex legal concepts in a way that you understand and keep you informed throughout the probate process.
It’s important to feel comfortable with your attorney, as probate can be a lengthy and emotional process. Trust your instincts about whether the attorney is someone you can work with effectively. By considering these factors, you can select an attorney who is well-suited to handle your probate case and provide the guidance and support you need. Contact us if you would like to retain legal counsel from a caring Texas Probate attorney
Contact Akinlabi Law for a complimentary post-death estate Review
If you’re ready to get started with the probate process after the passing of a loved one, please contact our experienced Harris county and Fort Bend County probate attorneys at 281-944-8760 or click this link to schedule a complimentary 15-minute consultation to help determine your next best steps. We are here in service to make this all as easy as possible for you.
During this appointment, we will answer all of your questions about probate and guide you and your family through the next best steps. We are committed to helping you administer your loved one’s estate as quickly and efficiently as possible, and look forward to relieving any administrative or legal burdens you may face during this time of loss.
