Texas Probate Attorney

Navigate the Texas probate process with confidence. Fleischmann Legal Group assists with probate and estate administration, even when there was no Will.

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Texas Probate and Estate Administration

When a family member dies, probate is the first step in the legal process for distributing the property. The Texas estate administration process often begins with probate. Fleischmann Legal Group assists with probate and avoiding probate–even if there was no Will.

With two locations in the heart of North Texas, our law firm understands the unique needs of North Texas families navigating the probate process during difficult times.

 

What is Probate?

The word "probate" comes from the Latin word "Probare," which means "to prove." So, probate is the legal process of proving the validity of a Will or proving facts about the legal heirs.

What are the steps involved in Probate?

If you have been named executor in Texas, you may need to speak with a lawyer about handling the estate. Probate of a Will is the process of going to court to get the Will legally recognized under the laws of the State of Texas.

The Texas Probate Process

Typically, to probate a Will, the probate attorney and executor go to the probate court for a hearing to establish for the probate judge that the Last Will meets the legal requirements under Texas law.

Letters Testamentary

Once the will is probated, the probate court will provide the executor with letters testamentary showing the executor's power to carry out the deceased person's wishes.

Independent Administration

Thanks to the streamlined probate process in Texas, if the court grants independent administration, the executor usually needs to appear in probate court only once.

Alternatives to Probate

In many cases, formal probate isn't necessary. Texas allows several non-probate processes that can be less expensive and burdensome than formal probate.

Living Will

Provides guidance on estate administration when there is no will, including affidavit of heirship and family settlement agreements.

Can You Avoid Probate?

In many cases, formal probate isn't even necessary. Texas allows several non-probate processes for distributing assets upon death. Fleischmann Legal Group may also be able to help you with these Texas alternatives to probate, which can be less expensive and burdensome than formal probate.

Texas Alternatives to Probate
  • Probate of a Will as "Muniment of Title"
  • Small estate affidavit
  • Affidavit of heirship
  • Family settlement agreement, and others

The Texas Probate Court Process

Generally speaking, after a loved one dies, his or her will must be probated before the executor has the power to take control of the estate's property, pay the estate's bills, and distribute the estate to the heirs:

1

Court Filing

The probate attorney and executor go to the probate court for a hearing to establish that the Last Will meets legal requirements under Texas law.

2

Estate Administration

We handle all aspects of estate administration, from asset collection to final distribution.

3

Final Distribution

We ensure proper distribution of assets to beneficiaries according to the will or Texas law.

4

Review and Signing

We review each document with you and ensure proper execution with required witnesses and notarization.

Common Probate Mistakes to Avoid

Many families make costly mistakes during the probate process that could be easily avoided with proper legal guidance:

Warning Signs You Need Professional Help:

  • Attempting probate without legal representation
  • Missing court deadlines and filing requirements
  • Failing to properly notify creditors and beneficiaries
  • Overlooking Texas probate code requirements
  • Not understanding independent vs. dependent administration

Need Help with Texas Probate?

Don't navigate the probate process alone. Contact Fleischmann Legal Group today to schedule your free consultation and get expert guidance through Texas probate.

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Frequently Asked Questions

Why do I need a lawyer for probate?

A lawyer helps you avoid costly mistakes, such as missing court deadlines or failing to meet legal requirements, ensuring the process is handled correctly.

What happens if there is no Will?

The estate can still be administered. Texas law provides alternatives to formal probate, such as an Affidavit of Heirship, to handle the property.

Can probate be avoided in Texas?

Yes, in many cases. Texas allows for less expensive alternatives like Small Estate Affidavits or probating a Will as a "Muniment of Title."

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