ESTATE PLANNING · HOUSTON TX · PROBATE ADMINISTRATION

Houston Probate Administration Attorney

Administering a Texas estate involves court filings, creditor notices, and asset distribution. We handle the details so you can focus on family.
Free Consultation →Call (346) 971-7333

Probate administration is the step-by-step work of settling a Texas estate after death — notifying creditors, preparing the asset inventory, resolving debts, transferring titled assets, and closing the estate with the court. As executor, you are personally responsible for completing every step correctly and on time. Mistakes create personal liability.

Texas Legal Giants handles the full probate administration process for Houston executors — preparing every filing, managing creditor claims, and guiding you through distribution and closing. Free consultation — call (346) 971-7333.

90 DaysDeadline to File TX Estate Inventory
4 MonthsCreditor Claim Window After Notice
$0Fee for Initial Consultation

Why Houston Executors Choose Texas Legal Giants for Probate Administration

We Handle Every Filing

Every court document, creditor notice, inventory, accounting, and deed transfer is prepared by our office — you are not left to figure out the paperwork yourself.

Deadline Management

Texas probate has strict deadlines: 4-year filing window, 90-day inventory, creditor notice publication. We track every deadline and ensure nothing is missed.

Creditor Claim Defense

We evaluate every claim submitted against the estate for validity, timeliness, and proper amount — and dispute inflated or improper claims on the estate’s behalf.

Asset Distribution Coordination

Real estate, financial accounts, vehicles, and other titled assets each require specific legal instruments for transfer. We prepare deeds, account letters, and distribution agreements correctly.

Executor Liability Protection

An executor who distributes assets before paying creditors, misses required notices, or fails to file required accountings can be held personally liable. We prevent these mistakes.

No Hidden Fees

Probate administration fees are quoted in writing at engagement. No percentage-of-estate billing — just transparent flat or hourly fees agreed upon before we begin.

Texas Executor Duties — The Complete Administration Checklist

1

Probate the Will and Get Appointed

File the will and application in the county probate court. Attend the hearing, take the executor oath, and obtain Letters Testamentary. The four-year filing deadline under Texas Estates Code §256.003 is firm.

2

Publish and Send Creditor Notice

Publish a required creditor notice in a county newspaper and send direct notice to known creditors. Creditors have four months from the date of notice to submit claims. Skipping this step creates executor liability for unpaid debts.

3

Send Notice to Beneficiaries

Texas law requires formal notice to all beneficiaries named in the will within 60 days of appointment. Certified mail or signed receipt confirmation is typically required.

4

File the Estate Inventory

Within 90 days of appointment, file a complete inventory, appraisement, and list of claims — cataloging every estate asset with date-of-death values. Failure to file on time can result in court sanctions.

5

Evaluate and Pay or Dispute Creditor Claims

Review every claim received during the creditor notice period. Pay valid claims in the priority order set by Texas Estates Code §355.102. Dispute inflated, duplicated, or time-barred claims in writing within 30 days of receipt.

6

Transfer Assets and Close the Estate

Once debts are settled, transfer assets to beneficiaries using proper instruments — deeds for real estate, transfer letters for financial accounts, title assignments for vehicles. File final accounting and closing documents with the court.

Executor Personal Liability Warning: Texas executors who distribute estate assets before paying valid creditor claims can be held personally liable for the unpaid debts — out of their own pocket. The proper order is: (1) secure estate assets, (2) pay funeral expenses, (3) pay administration expenses, (4) pay other debts in priority order, (5) distribute to beneficiaries. An attorney ensures this sequence is followed.

Common Probate Administration Mistakes That Create Liability

Distributing Assets Before the Creditor Window Closes

Executors who hand out assets to beneficiaries before the four-month creditor notice period expires — and before all valid claims are paid — can be sued personally by unpaid creditors. Distribution must wait.

Missing the 90-Day Inventory Deadline

Texas courts expect the inventory within 90 days of appointment. Late inventories result in court notices and potential sanctions. Assets acquired by the estate after the inventory date must be supplemented.

Paying Invalid or Time-Barred Claims

Not every creditor claim is legitimate. Claims submitted after the deadline, inflated beyond the actual debt, or based on improper documentation should be disputed — not automatically paid. An attorney evaluates each claim.

Failing to Record Deeds After Distribution

Real estate transferred to an heir must be documented with a deed signed by the executor and recorded in the county deed records. Failing to do this leaves the heir with a distribution that title companies won’t recognize.

Commingling Estate and Personal Funds

The executor must maintain a separate estate bank account. Depositing estate funds into a personal account — even temporarily — is a serious breach of fiduciary duty that can result in surcharge.

Not Getting Court Approval When Required

Under independent administration, most actions don’t require court approval. But selling real estate below appraised value, self-dealing transactions, or actions challenged by heirs may require court approval. When in doubt, ask your attorney.

Named Executor and Unsure Where to Start?

Texas Legal Giants handles every step of probate administration for Houston executors — from the initial filing to final closing. You focus on your family. We handle the deadlines, filings, and creditor claims. Free consultation — no obligation.

Free Consultation →
Call (346) 971-7333

Frequently Asked Questions — Houston Probate Administration Attorney

Common questions from Texas executors navigating the administration process.

HOW LONG DOES PROBATE ADMINISTRATION TAKE IN TEXAS?

A simple independent administration in Texas typically takes 6–12 months from filing to closing. The timeline depends on estate complexity, whether creditor claims are disputed, and whether any assets require sale or appraisal.

CAN I SELL ESTATE REAL ESTATE DURING ADMINISTRATION?

Yes. Under independent administration, the executor can sell real estate without prior court approval after being appointed. Sale proceeds become estate assets. The executor must exercise reasonable business judgment in timing and pricing.

DO I HAVE TO FILE A FINAL ACCOUNTING WITH THE COURT?

Under independent administration, a formal accounting filed with the court is generally not required unless requested by an interested party or ordered by the court. However, the executor should maintain detailed records and be prepared to account to beneficiaries.

WHAT IF A BENEFICIARY DISAGREES WITH HOW I AM ADMINISTERING THE ESTATE?

Beneficiaries can petition the court to remove an executor for cause — breach of fiduciary duty, failure to file required documents, mismanagement, or self-dealing. Keeping clear records, communicating regularly with beneficiaries, and having legal counsel reduces this risk significantly.

WHEN CAN I DISTRIBUTE ASSETS TO BENEFICIARIES?

After the creditor notice period has run (four months after notice is published), all valid creditor claims have been paid or otherwise resolved, and required court filings are current. Do not distribute before these steps are complete.

Attorney BJ Kemp — Texas Legal Giants Houston

BJ Kemp — Your Houston Estate Planning Attorney

Texas State Bar #24116608 · Texas Legal Giants · Houston, TX

BJ Kemp guides Houston executors through every step of Texas probate administration — from the initial application and creditor notices to asset distribution and estate closing. Free consultation — call (346) 971-7333. No fee unless we win your case.

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