Houston Estate Planning and Elder Law Attorney Blog

Powers of Attorney in Texas: What Every Family Should Know

Published on: February 24, 2026 | By Thomas W. McCulloch

A power of attorney is one of the most important — and most overlooked — documents in a Texas estate plan. It allows you to designate a trusted person to make financial or medical decisions on your behalf if you become unable to make them yourself. Without a valid power of attorney in place, your family may need to pursue a court-supervised guardianship in Dallas County, Harris County, or wherever you reside — a process that is far more expensive, time-consuming, and invasive than executing these documents while you are still able to.

McCulloch & Miller, PLLC helps families in Dallas, Houston, and across Texas prepare durable powers of attorney and medical powers of attorney as part of a comprehensive estate plan. The firm’s attorneys have over 35 years of experience drafting these documents under the Texas Estates Code and the Texas Civil Practice and Remedies Code, ensuring they are properly executed and will be accepted when they are needed most.

What Is a Durable Power of Attorney in Texas?

Muniment of Title in Texas: A Simplified Path Through Probate

Published on: February 24, 2026 | By David W. Miller

A muniment of title is one of the most streamlined probate options available under Texas law. It allows a valid will to be admitted to probate for the sole purpose of transferring title to the decedent’s assets — without appointing an executor or opening a full estate administration. For families in Austin, Houston, and across Texas, muniment of title can save significant time and expense when the estate qualifies.

McCulloch & Miller, PLLC has helped Texas families use muniment of title proceedings for over 35 years. The firm’s probate attorneys handle filings in Harris County, Travis County, and courts throughout the state, offering flat fee pricing and a depth of experience that includes founding partner Thomas McCulloch’s dual credentials as an attorney and a CPA.

What Is a Muniment of Title in Texas?

Texas Probate Filing Deadline: What Houston Families Need to Know

Published on: February 24, 2026 | By Thomas W. McCulloch

Texas law imposes a strict four-year deadline to file a will for probate after the testator’s death. Under Texas Estates Code § 256.003, if an interested party does not submit the will to the appropriate probate court within that window, the options for probating the estate narrow considerably — and some disappear entirely. For Houston families dealing with a loved one’s passing, understanding this deadline early can prevent costly complications down the road.

McCulloch & Miller, PLLC has guided families through the Texas probate process for over 35 years, handling filings in all four Harris County Probate Courts and courts across Fort Bend County, Montgomery County, and the greater Houston metro area. The firm offers flat fee pricing on many probate matters, and founding partner Thomas McCulloch holds dual credentials as both an attorney and a CPA — a combination that provides an analytical edge when tax and estate administration issues intersect.

What Is the Four-Year Probate Deadline in Texas?

How Probate Works in Texas: A Guide for Houston Families

Published on: February 24, 2026 | By David W. Miller

Probate in Texas is the court-supervised legal process that validates a deceased person’s will, appoints an executor or administrator, and authorizes the distribution of estate assets to heirs and beneficiaries. Under the Texas Estates Code, most estates that include assets titled solely in the decedent’s name must pass through some form of probate before those assets can legally change hands.

For Houston families, probate proceedings typically take place in one of the four Harris County Probate Courts located at the Harris County Civil Courthouse downtown. The process can range from straightforward to highly complex depending on the size of the estate, whether a valid will exists, and whether any beneficiaries or creditors contest the proceedings. McCulloch & Miller, PLLC has guided Houston families through the Texas probate system for over 35 years, with flat fee pricing options and a founding partner who holds dual credentials as both an attorney and a CPA.

What Is Probate in Texas?

Independent vs. Dependent Administration in Texas Probate

Published on: February 20, 2026 | By David W. Miller

When a Texas probate court appoints an executor or administrator to manage a decedent’s estate, one of the most consequential decisions is whether the administration will be independent or dependent. Independent administration under Texas Estates Code § 401.001 et seq. gives the executor broad authority to act without prior court approval for most actions, while dependent administration requires the court to authorize nearly every step. The difference has a direct impact on cost, timeline, and the executor’s workload.

McCulloch & Miller, PLLC helps families in Austin, Houston, and across the greater Texas metro areas understand which form of administration applies to their estate — and how to pursue the most efficient path. The firm’s probate attorneys have handled both independent and dependent administrations in Travis County, Harris County, and surrounding courts for over 35 years.

What Is Independent Administration in Texas?

What Happens When Someone Dies Without a Will in Texas?

Published on: February 18, 2026 | By Thomas W. McCulloch

When a Texas resident dies without a will — known legally as dying “intestate” — state law determines who inherits their property. Under Texas Estates Code § 201.001 et seq., the decedent’s assets pass to surviving family members according to a fixed statutory formula. The results can be surprising, especially for families in Dallas, Houston, and other Texas cities who assumed their loved one’s property would automatically go to a surviving spouse or children.

McCulloch & Miller, PLLC helps families across Texas understand their rights and options when a loved one dies intestate. The firm’s probate attorneys have over 35 years of experience handling intestate estates in Dallas County, Harris County, and courts throughout the state, with flat fee pricing available on many matters.

How Does Texas Intestate Succession Work?

How Much Does Probate Cost in Texas?

Published on: February 10, 2026 | By Thomas W. McCulloch

The total cost of probate in Texas depends on several factors: the type of proceeding, the county where the case is filed, the complexity of the estate, and whether the matter is contested. For a straightforward uncontested probate in Dallas County or Harris County, total costs — including court filing fees and attorney fees — typically range from a few thousand dollars to several thousand, depending on the type of administration required. Contested estates or dependent administrations can cost substantially more.

McCulloch & Miller, PLLC helps families in Dallas, Houston, and across Texas manage probate costs by identifying the most efficient proceeding for each estate. The firm offers flat fee pricing on many probate matters, giving clients cost certainty from the outset. With over 35 years of experience in Texas probate courts, the firm’s attorneys know how to avoid unnecessary expenses while keeping the process on track.

What Are the Court Filing Fees for Probate in Texas?

Revocable Living Trust vs. Will in Texas: Which Do You Need?

Published on: February 8, 2026 | By David W. Miller

Every Texas estate plan starts with a basic question: should you use a will, a revocable living trust, or both? The answer depends on the size and nature of your assets, your family situation, and how much control you want over the distribution process. A will takes effect only after death and must go through probate. A revocable living trust can hold assets during your lifetime, transfer them to beneficiaries after death without probate, and provide a framework for managing your finances if you become incapacitated.

McCulloch & Miller, PLLC helps families in Austin, Houston, and throughout Texas evaluate these options and build estate plans tailored to their goals. The firm’s estate planning attorneys have over 35 years of experience drafting wills and trusts under the Texas Estates Code and the Texas Property Code, and founding partner Thomas McCulloch’s dual JD/CPA credentials bring a tax-planning perspective that strengthens every plan.

What Is a Will in Texas?

Affidavits Of Heirship For Dallas Rental Portfolios—When They Work, When They Don’t, And How To Avoid Title Surprises

Published on: January 27, 2026 | By David W. Miller

Affidavits Of Heirship For Dallas Rental Portfolios—When They Work, When They Don’t, And How To Avoid Title Surprises

Affidavits of heirship sound simple: two disinterested people sign a sworn statement about family history, and—on paper—title passes to the heirs. For Dallas landlords with multiple rentals, the tool can look like a quick alternative to probate. Sometimes it is. Other times, title companies balk, lenders refuse to refinance, and a planned sale collapses. If you understand where affidavits fit and where they fail, you can keep rent flowing and reduce closing-table surprises.

What An Affidavit Of Heirship Actually Does

An affidavit of heirship is a recorded statement that outlines the decedent’s marital status, children, and family tree to identify heirs under Texas intestacy rules. When accepted, it allows the real-property records to show the heirs as owners without a court order. Title companies weigh these affidavits differently based on age, clarity, and whether any heir contests ownership. For modest, long-held homes with clean tax histories, they can be enough. For portfolios with recent loans or layered entities, expect more scrutiny.

Medallion Signature Guarantees And Frozen Accounts—What Dallas Executors Must Prepare Before Liquidating Securities

Published on: January 24, 2026 | By Thomas W. McCulloch

Brokerages do not move money just because you show them a court order. If you are the executor for a Dallas estate, you will face account freezes, transfer holds, and requests for a Medallion Signature Guarantee before a single share transfers or a check cuts. When you plan the sequence—authority, verification, tax IDs, and medallions—you shorten delays and keep heirs calm.

Understand Why Accounts Freeze After Death

Financial institutions freeze accounts to prevent unauthorized transfers and protect the estate. The freeze stays in place until you present adequate proof of authority and complete the firm’s internal forms. Equity positions may still fluctuate with the market, but dividends reinvest or accrue inside the frozen account. Knowing this helps you set expectations with family members who assume you can sell on day one.