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Have you lost a loved one? Are you worried their assets will be distributed by the state?
Don’t worry, we’re here to help: What is Probate?
Probate is an integral part of the estate planning process. It involves the establishment of the authenticity and validity of a person’s will after they pass away. Often, this procedure transpires under the supervision of a probate court, where the executor of estate plays a crucial role. In essence, probate is the legal process that unfolds after a loved one’s passing, helping to ensure a smooth transition of assets and estate management. Our lead Estate Planning Attorney, Megone Trewick, often remarks, “Estate planning is one of the longest-lasting and best ways to express your love to your loved ones.
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Role of a Probate Lawyer: What is a Probate Lawyer?
A probate lawyer, often referred to as a trust or estate lawyer, is a legal expert who assists the executor of estate in maneuvering through the probate process. In Houston, the probate process can be intricate, and having an experienced probate lawyer by your side can make all the difference. Our team ensures that the deceased person’s last will and testament are authenticated under court supervision, ensuring that all aspects of wills and probate are managed competently.
Guardianship and it’s Role: What is a Guardianship Lawyer?
Guardianship is a legal provision whereby someone (the proposed guardian) seeks the authority to make decisions for another person (the ward). The ward could be a minor whose parents are unable to care for them or a special needs child or adult who cannot take care of themselves or make their own decisions. Sometimes, circumstances demand the establishment of temporary guardianship, which our team can efficiently handle.
Our lead Estate Planning Attorney, Megone Trewick, has extensive experience helping clients become property guardians of their loved ones, including guardianship of an adult. To understand more about guardianship, and how we can aid you, reach out to our office to schedule a complimentary consultation at 713-564-7029.
Why choose our team?
Whether it’s obtaining legal guardianship for parents preparing for their absence or for parents of adult children with special needs who require care, we can guide you towards achieving your guardianship objectives. Our team strives to make the process as least intrusive as possible for you and your family, respecting your privacy and emotional needs.
Getting Started in Houston, TX
Embarking on the probate or guardianship journey starts with a free 30-minute consultation with our experienced attorneys. This initial conversation with our skilled family law or estate planning attorneys will set the course for the rest of your legal journey. Our firm is committed to tenaciously representing clients across the Texas court system, with the cornerstone of our success being the trust we establish with our clients while maintaining high-caliber legal services.
To explore our probate and guardianship services today, call our office at (713) 564-7029 or reach out to us online.
Resources
- Legal Steps for a Mental Commitment
Our downloadable mental commitment form provides you with the legal steps you need to take for a mental commitment.
- Small Affidavit Instructions-Guidance
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Empower your guardianship journey. start watching our video guide and discussions.
- Probate Videos
Understand probate processes. Watch our probate video guides and discussions.
- Probate Videos
Understand probate processes. Watch our probate video guides and discussions.
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Frequently Asked Questions - Probate and Guardianship
What is an executor?
An executor is a person you choose to appoint to carry out your wishes and desires detailed in your will after you pass away. Texas allows you to have your executor be an “independent executor,” which basically means, your executor has as little court supervision as possible. Choosing to have an independent executor can save you a lot of time and money; in addition to expediting the whole probate process.
What happens if a loved one dies without a Will?
In the event your loved one passes away without a will, then the entire estate, ie: assets, property, debts, etc will belong to the State of Texas. The state will have the ability to decide how everything is distributed; most likely to the beneficiaries appointed by your loved one. Dying without a will also means you and your loved ones will most likely have to attend probate court.
Is a handwritten Will valid in Texas?
Yes, with one caveat. It is called a Holographic Will. But it is only valid if the Entire Will is Completely Written in the deceased person’s handwriting.
What are the Different Types of Guardianship in Texas?
There are four types of guardianship in the state of Texas: Guardian of the Person: The appointed guardian is responsible for providing for the basic needs, care and supervision of the ward. This includes, but is not limited to: food, clothing, shelter, insurance, medical treatment, etc…. Guardian of the Estate: The guardian is held responsible for the ward’s property and financial means only.. Guardian of the Person and Estate: The appointed guardian is responsible for taking care of all the ward’s needs. Those all include: physical, emotional, mental, spiritual and financial needs. Temporary/emergency guardianship: Temporary guardianship is assigned to the proposed guardian until a decision is reached by the court. In Texas, only one person can be appointed as the guardian of the person or estate. However, one person can be appointed guardian of the person and another person appointed guardian of the estate if the judge believes it is in the best interest of the incapacitated person or ward.
What are the Responsibilities of a Guardian In Texas?
Depending on the type of guardianship that was established a guardian’s responsibilities include:
- After the guardianship is approved by the judge, the guardian is required to post a bond as well as submit an annual report regarding how the ward is doing.
- Provide for all the ward’s needs (physically, emotionally, mentally, spiritually and financially)
- File annual account details with the estate’s receipts and expenses throughout the year
- Manage the estate assets of their ward
- Filing an inventory of the ward’s assets
- Requesting the court’s permission and approval for some actions taken on behalf of the ward
Is Guardianship the only way to help my loved one who really needs assistance? Are there any alternate options I can try first that would help my family member or loved one?
Some alternate options are, but not limited to:
- Appoint a medical power of attorney
- Appoint a durable power of attorney
- Appoint a representative to manage the public benefits of the proposed ward
- Establish a joint bank account
- Create a management trust
- Create a special needs trust
What is probate in Texas?
Probate in Texas is the legal process used to settle a person’s estate after they pass away. It involves proving the validity of their will, identifying assets, paying debts and taxes, and distributing property to rightful heirs or beneficiaries. A Texas probate attorney can guide families through each step and ensure all legal requirements are met efficiently.
Do all estates have to go through probate in Texas?
No, not every estate must go through probate. Some assets—like life insurance policies, retirement accounts with named beneficiaries, and jointly owned property—can transfer automatically outside probate. However, most estates with solely owned assets must go through some form of the Texas probate process.
How long does probate take in Texas?
The Texas probate process typically takes between six months to a year, but complex estates, disputes, or missing documents can extend that timeline. Working with an experienced Houston probate lawyer can help avoid delays and keep your estate administration on track.
How much does probate cost in Texas?
Probate costs in Texas vary depending on the size and complexity of the estate, but fees often include court costs, executor compensation, appraisal fees, and attorney’s fees. Hiring a probate attorney can actually save time and moneyby preventing costly errors or legal disputes during the process.
Can probate be avoided in Texas?
Yes. With proper estate planning—like creating a living trust, using beneficiary designations, and establishing joint ownership—you can often avoid or minimize probate altogether. The estate planning lawyers at The Law Office of Bryan Fagan can help you design a custom plan to keep your assets out of court and in your family’s hands.
What happens if someone dies without a will in Texas?
When someone dies without a will, their estate is considered “intestate.” That means Texas intestacy laws determine who inherits their property—often the spouse, children, or other relatives. Without a will, the process can become lengthy and stressful, making it even more important to consult a probate attorney.
What’s the difference between a will and probate?
A will outlines how you want your assets distributed, but probate is the court process that validates that will and ensures those wishes are legally carried out. Even with a valid will, probate may still be required in Texas to transfer title of certain assets.
How can a probate lawyer help me?
A Texas probate lawyer handles all legal filings, deadlines, and communications with the court. They help executors and families avoid mistakes, settle debts properly, and distribute assets legally. At The Law Office of Bryan Fagan, our probate attorneys provide step-by-step guidance to make the process as smooth and stress-free as possible.
What if there’s a dispute over a will in Texas?
If someone contests a will or disputes the executor’s actions, it becomes a contested probate case. These disputes can involve questions of fraud, undue influence, or unclear language. Having an experienced Houston probate litigation attorney can protect your rights and help resolve conflicts quickly.
How do I start the probate process in Texas?
To start probate, you’ll need to file an application with the probate court in the county where the deceased lived. You must also notify beneficiaries and creditors. Because each step has strict legal deadlines, it’s best to begin with the help of a qualified probate lawyer who can guide you from start to finish.
