Practice area
Wills and probate
I help clients plan with wills and powers of attorney and guide families through probate after a death. Some steps are time-sensitive, so the first months after a death are important for the estate.
What I handle in this area
- 01Wills and codicils
- 02Statutory durable and medical powers of attorney
- 03Probate of a will and independent administration
- 04Heirship proceedings when there is no will
- 05Small estate affidavits
- 06Will contests and disputes among heirs
How long do I have to probate a will in Texas?
As a general rule, a will must be offered for probate within four years after the date of death (Tex. Est. Code § 256.003). After that, the options are much narrower.
Many Texas estates use independent administration, which lets the executor settle the estate with less court supervision. Whether it is available depends on the will and the agreement of the beneficiaries.
What happens if there is no will?
When a person dies without a will, Texas law decides who inherits, and the answer depends on whether the property is community or separate property and which relatives survive. A court may need to declare the heirs in a heirship proceeding.
Texas has no forced share for children, so a parent can generally leave property as the will directs. A will can still be challenged on grounds such as lack of capacity or undue influence, and those cases depend heavily on evidence.
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Appointments
You can schedule an appointment to talk about your wills and probate matter. Bringing the documents above to the first meeting makes the review easier.