Houston Estate Planning and Elder Law Attorney Blog

Many Dallas families own mineral interests across state lines. When the owner dies, operators will not transfer division orders based solely on a Texas probate. You need ancillary steps in the state where the minerals sit. With a coordinated plan, you can satisfy Oklahoma and New Mexico requirements quickly, keep royalties flowing, and avoid suspended payments.

Start with a Texas Foundation

Open the domiciliary probate in Dallas County first. Obtain letters testamentary and certified copies of the order admitting the will. Create a mineral schedule listing legal descriptions, operator names, API numbers for wells, and current division orders. This foundational packet becomes your exhibit set for each state.

Family friction can stop probate in its tracks. When siblings distrust each other, dependent administration—where the court supervises most major steps—can restore order. In Dallas County, this structure trades speed for certainty. If you pick it on purpose, you protect the executor, calm beneficiaries, and keep the estate on a track everyone can follow.

Why Court Oversight Helps

In dependent administration, sales, claim payments, and distributions require court approval. That means appraisals, notices, and orders go into the file. The process costs more and takes longer, yet the transparency reduces accusations of favoritism and self-dealing. For estates with contested assets, unclear debts, or vulnerable beneficiaries, the oversight is worth the extra work.

Selling estate property in the Dallas area often means more than paying off a mortgage. HOA liens, Public Improvement District (PID) assessments, Municipal Utility District (MUD) charges, and special assessments can complicate closings. If you identify and manage these liens early, you protect price, avoid delays, and keep buyers confident.

Order Title and Read Every Schedule

As soon as you have authority, order a title commitment. Study Schedule B for HOA declarations, assessment liens, and PID notices. Pull the resale certificate or PID disclosure and note transfer fees, caps, and balances. Create a payoff worksheet listing each lienholder, the account number, and contact information. When you know the encumbrances, you can negotiate from a position of clarity.

Independent administration is Texas’s shortcut for efficient probate. In Harris County, a well-drafted will—and a clean court filing—can compress months of hearings into weeks of action. The keys are simple: waive bond, request independence, and grant broad powers so your executor can work without running back to court for every decision.

Put the Magic Words in the Will

If you are planning ahead, direct that your named executor serve independently, without bond, and with full powers under the Estates Code. Add specific powers to sell real property, operate or wind down a business, compromise claims, and manage digital assets. If the will lacks these phrases, heirs can still agree to independence, but you will lose time gathering signatures.

Medicaid can help pay for long-term care, but the state may seek repayment from a recipient’s estate after death. In Houston, understanding when Medicaid Estate Recovery Program (MERP) claims apply—and how to respond—can save families time, money, and stress. With a methodical approach, you can confirm what is owed, preserve protected assets, and close the estate cleanly.

Confirm Whether MERP Applies at All

MERP generally targets Medicaid benefits paid for long-term-care services after age 55. Start by requesting an itemized claim from the program once you have letters testamentary or administration. Verify the coverage types, dates, and amounts, and compare them to facility records and Explanation of Benefits. Sometimes charges are misattributed or fall outside the recoverable categories. If the decedent never received long-term-care Medicaid, you may be able to dismiss the claim quickly.

If a loved one’s will is missing or ruined, you can still honor their wishes in Harris County. Texas law lets you “prove up” a lost or destroyed will if you bring the right evidence and move quickly. Your goal is to show the probate court what the will said and to rebut any presumption that the testator revoked it. With a tight plan, you can protect bequests, avoid intestacy, and keep the estate on schedule.

Start by Tracking Down the Last Known Copy

Begin with the attorney who drafted the will, the testator’s email, and any home file cabinets or cloud folders. Ask financial advisors and CPA firms whether they received a PDF. If a scanned copy exists, save the file with metadata intact and print a hard copy for exhibits. Identify the subscribing witnesses and the notary who signed the self-proving affidavit, if any. The more authentic paper and people you can assemble, the smoother your hearing will be.