Probate is the court-supervised process for settling a deceased person’s estate — validating their will, appointing an executor, notifying creditors, and distributing assets to heirs. Texas offers several probate procedures, from full independent administration for most estates to simplified options like muniment of title and small estate affidavits for qualifying situations.
Texas Legal Giants guides Houston executors, heirs, and families through every Texas probate procedure — efficiently and correctly. Whether you’re facing a routine independent administration or a disputed will contest, BJ Kemp has the experience to protect your interests. Free consultation — call (346) 971-7333.
Why Houston Families Choose Texas Legal Giants for Probate
Executor-Centered Guidance
We represent executors specifically and give you a clear roadmap of your legal duties, deadlines, and personal liability exposure at the start of every engagement.
Probate and Litigation Combined
When a will is contested, heirs dispute distributions, or creditors push back, you need an attorney who handles both routine probate and probate litigation. BJ Kemp handles both.
Efficient Independent Administration
Texas independent administration is designed for speed. We maximize that efficiency so your family is not waiting years for distributions that should take months.
Creditor Claim Defense
We publish required creditor notices, evaluate claim validity, and dispute inflated or time-barred claims — protecting the estate and the executor from improper depletion.
Transparent Fee Agreements
Probate attorney fees are quoted in writing at the start of representation. No percentage-of-estate billing surprises.
All Texas Probate Procedures
We handle independent administration, muniment of title, small estate affidavits, dependent administration, ancillary probate for out-of-state property, and will contests.
Texas Probate Procedures — Which One Applies to Your Situation?
Independent Administration
Executor acts with minimal court supervision after appointment. Available when the will requests it or all heirs agree. Fastest and least expensive. Typical timeline: 6–12 months.
Muniment of Title
Admits the will to probate to clear real property title — no executor appointed. Available when there are no debts other than real estate liens. Fastest and cheapest for simple real estate transfers.
Small Estate Affidavit
For intestate estates under $75,000 (excluding homestead). Signed by distributees before a notary and filed with the court — no full probate required. Cannot transfer real estate except homestead.
All Texas Legal Giants Probate Services
Texas Executor Duties — A Step-by-Step Overview
File the Will Within Four Years
The will must be filed with the county probate court within four years of death. Missing this deadline means the estate passes under intestacy, not the will.
Obtain Letters Testamentary
After a brief court hearing, the court issues letters testamentary — the document banks and title companies require before allowing executor access.
Give Required Notice to Heirs and Creditors
Texas law requires formal notice to all beneficiaries named in the will and publication of a creditor notice in a local newspaper. Missing these steps creates executor liability.
File the Inventory Within 90 Days
Within 90 days of appointment, the executor must file an inventory listing all estate assets and their date-of-death values.
Pay Valid Debts and Dispute Invalid Claims
Valid creditor claims are paid in priority order. Invalid or inflated claims can and should be disputed — the executor’s job is to protect estate value.
Distribute Assets and Close the Estate
After debts are settled, transfer assets to beneficiaries with proper legal instruments. File the final accounting and closing documents to officially close the estate.
Navigating a Texas Probate? We Can Help.
Whether you are an executor, an heir, or someone who believes a will was improperly signed, Texas Legal Giants provides clear guidance and efficient representation. Free consultation — no obligation.
Frequently Asked Questions — Houston Probate Lawyer
Common probate questions from Houston executors and heirs.
A simple independent administration typically takes 6–12 months from filing to closing. Contested estates or complex asset situations can take 2–3 years.
Texas law allows self-representation in probate, but executors who proceed without counsel frequently miss notice requirements, file documents incorrectly, or create personal liability by distributing assets prematurely. Attorney fees are paid from the estate.
If the decedent left no will, the estate passes under Texas intestacy law. The estate still goes through probate (or a simplified alternative if eligible), but the distribution is fixed by statute rather than the decedent’s wishes.
A will must be filed within four years of the decedent’s death under Texas Estates Code §256.003. After four years, the will can only be admitted as muniment of title in limited circumstances — it cannot be probated as a standard will.
Yes. A will contest must be filed before the will is admitted to probate or within two years after admission. Grounds include lack of testamentary capacity, undue influence, fraud, duress, and improper execution.
BJ Kemp — Your Houston Estate Planning Attorney
Texas State Bar #24116608 · Texas Legal Giants · Houston, TX
BJ Kemp guides Houston executors and heirs through Texas probate — from routine independent administration to contested will disputes. Whether the estate is simple or complex, Texas Legal Giants provides efficient, experienced representation. Free consultation — call (346) 971-7333. No fee unless we win your case.