Probate is the legal process that validates a deceased person’s will and authorizes an executor to gather assets, pay debts, and distribute the estate. In Texas, independent administration — the most common form — requires minimal court supervision and can often be completed in 6–12 months. But without legal guidance, executors face strict deadlines, creditor claims, contested heirs, and tax filings that can create personal liability if mishandled.
Texas Legal Giants guides Houston executors and heirs through every stage of Texas probate — from the initial application to final distribution and estate closing. Free consultation — call (346) 971-7333.
Why Houston Families Choose Texas Legal Giants for Probate
Executor-Focused Representation
We represent the executor (not the estate generically) and give you a clear roadmap of your duties, deadlines, and personal liability exposure from day one.
Contested Estate Experience
When heirs disagree, creditors push back, or a will is challenged, you need an attorney who litigates probate disputes — not just processes paperwork. BJ Kemp handles both.
Efficient Independent Administration
Texas independent administration is designed to move fast with minimal court involvement. We maximize that efficiency so your family is not waiting years for distributions.
Creditor Claim Management
We draft the required creditor notice, evaluate claim validity, and handle disputed claims — protecting the estate from overpayment and the executor from personal liability.
Clear Fee Agreements
Probate attorney fees are quoted in writing at the start of representation. No percentage-of-estate billing surprises — just transparent flat or hourly fees agreed upon in advance.
Full-Service Through Closing
We handle everything: application, hearing, inventory, creditor notice, accountings, deed transfers, tax clearance, and the final order closing the estate.
Does Every Texas Estate Go Through Probate?
No. Many Texas assets pass outside probate entirely: life insurance proceeds, retirement accounts, and bank accounts with named beneficiaries or payable-on-death designations; property held in a living trust; jointly owned accounts with right of survivorship; and property transferred by a Transfer on Death Deed. Only assets titled solely in the decedent’s name with no beneficiary designation require probate.
For small estates with no will and total assets under $75,000 (excluding homestead), a small estate affidavit may avoid probate entirely. Estates with a clear title to real property and no debts may qualify for muniment of title — a simplified proceeding. An attorney can evaluate which procedure applies to your situation.
Independent Administration
The executor operates with minimal court supervision after appointment — no court approval needed for most actions. Available when the will requests it or all heirs agree. The fastest and least expensive form of Texas probate. Typical timeline: 6–12 months for a simple estate.
Muniment of Title
A simplified proceeding that admits the will to probate solely to transfer title to real property — no executor is appointed. Available when the decedent left a valid will, there are no debts other than those secured by real estate, and no need for an executor. Ideal for simple real estate transfers.
Small Estate Affidavit
For intestate estates (no will) with total assets of $75,000 or less (excluding homestead). Two distributees sign an affidavit before a notary, which is filed with the court. Transfers personal property without a full probate proceeding. Cannot transfer real estate except homestead.
The Texas Executor’s Step-by-Step Probate Duties
File the Will and Application for Probate
The will must be filed with the county probate court within four years of the decedent’s death under Texas Estates Code §256.003. Missing this deadline means the estate passes as if there were no will. The executor files an application for probate and appointment.
Attend the Probate Hearing
A brief court hearing is scheduled — typically 2–4 weeks after filing. The executor takes an oath, the will is admitted to probate, and the court issues Letters Testamentary authorizing the executor to act.
Give Required Notice to Beneficiaries and Creditors
Texas law requires formal notice to all beneficiaries and a creditor notice published in a local newspaper. Creditors then have a window (typically 4 months) to submit claims. Missing these notices can create executor liability.
Prepare the Estate Inventory
Within 90 days of appointment, the executor must file an inventory, appraisement, and list of claims — cataloging all estate assets and their values as of the date of death.
Pay Debts and Resolve Creditor Claims
Valid creditor claims are paid in priority order under Texas law. The executor evaluates and may dispute invalid or inflated claims. Distributions to beneficiaries cannot occur until debts are resolved.
Distribute Assets and Close the Estate
After debts are paid, the executor transfers assets to beneficiaries — deeding real estate, distributing financial accounts, and filing the final accounting. The estate is then closed by court order or informal closing.
Probate Without an Attorney: Common Executor Mistakes
Missing the 4-Year Filing Deadline
If a will is not filed for probate within four years of death, it cannot be probated as a will. The estate then passes under Texas intestacy law — which may distribute assets very differently than the will directed.
Distributing Assets Before Paying Creditors
Executors who distribute to beneficiaries before satisfying valid creditor claims can be held personally liable for the unpaid debts. The creditor notice process exists for a reason — skip it at your own risk.
Missing the 90-Day Inventory Deadline
Failure to file the required inventory within 90 days can result in court sanction and delay the entire proceeding. Courts have limited patience for executors who miss statutory deadlines.
Failing to Transfer Titled Assets Properly
Real estate, vehicles, and other titled assets require specific legal instruments (deeds, title transfers) to pass to heirs. An executor who distributes without proper documentation creates title problems that can take years to fix.
Paying Invalid or Inflated Claims
Creditors sometimes submit inflated or time-barred claims. An attorney evaluates each claim’s validity and challenges those that don’t hold up — protecting both the estate value and the executor from liability.
Not Understanding Community Property Rules
In Texas, community property and separate property are treated differently in probate. Misidentifying the character of assets can result in incorrect distributions and potential liability.
How Texas Legal Giants Guides Your Probate Case
Free Consultation — Estate Assessment
We review the will, identify the estate assets, and determine whether full probate, muniment of title, or another procedure is appropriate. We explain executor duties and timeline from day one.
Court Filing and Hearing Preparation
We prepare and file the probate application, coordinate the hearing date, and prepare you for the executor oath. Most hearings are brief — 15–30 minutes in the county probate court.
Creditor Notice and Claims Management
We publish the required creditor notice, track the claims deadline, evaluate incoming claims, and dispute invalid or inflated ones on the estate’s behalf.
Inventory Preparation and Filing
We assist with identifying and valuing all estate assets, prepare the inventory and appraisement within the 90-day deadline, and file with the court.
Asset Distribution and Title Transfers
We prepare deeds, account transfer letters, and other instruments needed to transfer estate assets to the correct beneficiaries in the correct proportions.
Estate Closing
Once all assets are distributed and debts paid, we prepare the final accounting and closing documents and file them with the court to officially close the estate.
Named Executor for a Texas Estate? We Can Help.
Being named executor is an honor — but it comes with legal duties, deadlines, and potential personal liability. Texas Legal Giants guides Houston executors through every step of the probate process. Free consultation — no obligation.
Frequently Asked Questions — Houston Probate Attorney
Common questions from executors and heirs navigating Texas probate.
A simple independent administration in Texas typically takes 6–12 months from filing to closing. Complex estates, contested wills, or disputes among heirs can extend this to 2–3 years. Texas independent administration is designed to minimize court involvement and is faster than probate in most other states.
Texas law allows executors to represent themselves in probate proceedings, but in practice most courts strongly prefer represented parties. Executors who self-represent often miss creditor notice requirements, file documents incorrectly, or create personal liability by distributing assets prematurely. Attorney fees are paid from the estate — not out of the executor’s pocket.
Independent administration requires court approval only to open and close the estate — the executor acts without court supervision for everything in between. Dependent administration requires court approval for most executor actions (paying debts, selling property, making distributions). Texas strongly favors independent administration, which is available when the will requests it or all heirs agree.
Yes. A will contest must be filed before the will is admitted to probate or within two years after probate is granted. Grounds for contest include lack of testamentary capacity, undue influence, fraud, duress, and improper execution. Texas Legal Giants represents both those contesting a will and executors defending against challenges.
If a will is not filed for probate within four years of the decedent’s death, it can only be admitted as muniment of title (for limited real property purposes) — it cannot be probated as a will in the traditional sense. The estate then passes under Texas intestacy, which may distribute assets very differently. Contact an attorney immediately if the deadline is approaching.
Court filing fees in Harris County are typically $200–$400. Attorney fees for a simple independent administration typically range from $2,000–$5,000 depending on estate complexity. Attorney fees are paid from the estate — not personally by the executor. Complex estates with disputes, contested claims, or litigation cost more.
Under independent administration, the executor can sell estate property without prior court approval after appointment — subject to any restrictions in the will. Sale proceeds become part of the estate. The executor must exercise reasonable business judgment in timing and pricing any sale.
Letters testamentary is a court-issued document that authorizes the named executor to act on behalf of the estate. Banks, title companies, and government agencies require letters testamentary before they will allow the executor to access accounts or transfer property. Letters are issued after the hearing and remain valid until the estate is closed.
Sources & Legal References
BJ Kemp — Your Houston Estate Planning Attorney
Texas State Bar #24116608 · Texas Legal Giants · Houston, TX
BJ Kemp guides Houston executors and heirs through every stage of Texas probate — from the initial application to final distribution. Whether the estate is simple or contested, Texas Legal Giants provides clear guidance and efficient representation. Free consultation — call (346) 971-7333. No fee unless we win your case.