Houston Estate Planning and Elder Law Attorney Blog

Surviving Spouse Rights in Texas Probate

Published on: June 29, 2026 | By Thomas W. McCulloch

When a married person dies in Texas, the surviving spouse has a set of legal protections that exist no matter what the will says or who inherits the property. These rights let a widow or widower stay in the family home, keep essential personal property, and draw an allowance from the estate for support during the first hard year. They are some of the strongest protections in Texas probate law, and they often surprise the people they protect.

McCulloch & Miller, PLLC helps surviving spouses and families assert these rights during the Texas probate process, in Dallas and across the state. The firm handles estate administrations on a flat fee basis for many matters and has guided Texas families through them for over 35 years.

What rights does a surviving spouse have in Texas?

Small Estate Affidavit in Texas: A Simpler Alternative to Full Probate

Published on: June 29, 2026 | By David W. Miller

A small estate affidavit is a court-approved document that lets the heirs of someone who died without a will collect estate assets without opening a full probate administration. In Texas, it is available only when the estate is modest, the assets outweigh the debts, and no real estate other than a homestead is involved. For families who qualify, it can settle an estate in weeks instead of months, at a fraction of the cost.

McCulloch & Miller, PLLC handles small estate affidavits and other Texas probate matters for families in Houston, Harris County, and across the greater Houston metro area. The firm offers flat fee pricing on many probate filings and has worked in the Harris County Probate Courts for over 35 years, so it can tell early whether a small estate affidavit will do the job or whether a different procedure fits the estate better.

What is a small estate affidavit in Texas?

Ancillary Probate in Texas: Handling an Out-of-State Will and Texas Property

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

Ancillary probate is a secondary probate proceeding that takes place in Texas when someone who lived in another state dies owning property here. The estate is administered mainly in the state where the person lived, and Texas handles only the property within its borders. For the executor of an out-of-state estate, it means a second, usually smaller court process in the county where the Texas property sits.

This comes up more often than people expect: a parent who retired to Florida but kept a rental house in Houston, an aunt in California who inherited mineral rights in West Texas, a relative up north who never sold the family condo in Galveston. McCulloch & Miller, PLLC handles ancillary probate and other Texas probate matters for out-of-state families with property in Houston, Harris County, and across the greater Houston metro area, often on a flat fee basis.

What is ancillary probate in Texas?

How to Close an Estate in Texas

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

Closing an estate in Texas is the final stage of probate, when the executor or administrator settles the last debts, distributes what remains to the heirs or beneficiaries, and is formally released from the job. How that happens, and whether a court has to sign off, depends on the type of administration the estate is under. For many families, the real question is simply how to know the work is finished and the responsibility has ended.

McCulloch & Miller, PLLC guides executors and administrators through the entire Texas probate process, including the closing steps that many people overlook, for families in Dallas and across the state. The firm offers flat fee pricing on many probate matters and has handled Texas estate administrations for over 35 years.

What does it mean to close an estate in Texas?

Clearing Title Without a Will Though an Affidavit of Heirship

Published on: June 15, 2026 | By David W. Miller

An affidavit of heirship is a sworn statement, recorded in the county’s real property records, that identifies who inherited a deceased person’s land when no will was probated. In Texas, families use it most often to clear title to a home or other real estate after a relative dies without a will, so the property can be sold, refinanced, or simply put in the heirs’ names. It is one of the least expensive ways to handle real estate after a death, though it does not fit every estate.

McCulloch & Miller, PLLC helps families in Austin and across Texas decide whether an affidavit of heirship will clear a property’s title or whether a court proceeding is the safer route. The firm handles Texas probate and heirship matters statewide and offers flat fee pricing on many of them.

What is an affidavit of heirship in Texas?

Keeping Your Home Out of Probate with a Texas Transfer on Death Deed

Published on: June 12, 2026 | By David W. Miller

A transfer on death deed lets a Texas property owner name who will inherit their real estate, with the transfer taking effect automatically at death and skipping probate entirely. The owner keeps full control of the property while alive, can sell it or change their mind at any time, and the named beneficiary receives nothing until the owner dies. For many Texans whose main asset is their home, it is one of the simplest ways to pass that home to a child or other loved one without a court ever getting involved.

McCulloch & Miller, PLLC helps families in Austin and across Texas decide whether a transfer on death deed fits their situation or whether a will or trust would serve them better. The firm’s estate planning attorneys handle these tools statewide, with flat fee pricing available on many of them.

What is a transfer on death deed in Texas?

What the 2026 Federal Estate Tax Exemption Means for Texas Families

Published on: June 7, 2026 | By Thomas W. McCulloch

As of January 1, 2026, the federal estate tax exemption is $15 million per person, or $30 million for a married couple, and the change is now permanent. The One Big Beautiful Bill Act, signed in mid-2025, raised the exemption from its 2025 level and canceled the scheduled cut that was set to drop it by roughly half. For the large majority of Texas families, the practical takeaway is reassuring: your estate will owe no federal estate tax.

Even so, the new law is a good reason to look at your plan rather than ignore it. McCulloch & Miller, PLLC helps Texas families align their estate planning with current law, and a higher exemption changes the math for some plans in ways that are easy to miss. Founding partner Thomas McCulloch holds dual credentials as an attorney and a CPA, a combination that fits squarely where estate law and tax meet.

What changed for 2026?

Revocable Living Trusts in Texas

Published on: June 2, 2026 | By David W. Miller

A revocable living trust is a legal arrangement you create during your lifetime to hold your assets, with instructions for managing them if you become incapacitated and distributing them when you die, all without going through probate. In Texas, you keep full control: you can change the trust, move assets in and out, or cancel it entirely at any time. The trust only does its job, though, if you actually transfer your assets into it, which is the step people most often get wrong.

McCulloch & Miller, PLLC helps families across Texas decide whether a revocable living trust fits their situation and, when it does, set it up so it works as intended. The firm’s trust planning attorneys handle these matters statewide, with flat fee pricing available on many estate planning packages.

What is a revocable living trust in Texas?

What Are Letters Testamentary in Texas and How Do You Get Them?

Published on: May 29, 2026 | By Thomas W. McCulloch

Letters Testamentary are the court-issued document that gives an executor legal authority to act on behalf of a deceased person’s estate in Texas. Until the probate court issues them, even an executor named in a will cannot legally access bank accounts, sell property, or settle the estate’s debts. Obtaining Letters Testamentary is one of the first and most important steps in administering an estate with a valid will.

McCulloch & Miller, PLLC helps executors obtain Letters Testamentary and complete the Texas probate process in Houston, Harris County, and the greater Houston metro area. The firm offers flat fee pricing on many probate matters and has guided executors through the Harris County Probate Courts for over 35 years.

What Are Letters Testamentary?

Letters Testamentary are an official certificate from the probate court confirming that a named executor has been appointed and has authority to manage a decedent’s estate. Banks, title companies, brokerage firms, and other institutions require a current copy before they will release funds or allow an executor to act. In effect, the letters are the executor’s proof of authority to the outside world.

Texas Medicaid Planning: Protecting Assets From Long-Term Care Costs

Published on: May 27, 2026 | By McCulloch & Miller, PLLC

Texas Medicaid planning is the process of legally structuring your income and assets so you can qualify for long-term care coverage without spending down everything you have saved. Nursing home care in Texas can cost thousands of dollars a month, and Medicaid is the primary program that helps families pay for it. With advance planning, many families are able to preserve significant assets while still meeting Medicaid’s strict financial limits.

McCulloch & Miller, PLLC helps families across Houston, Harris County, and the greater Houston metro area with Texas Medicaid crisis planning. Founding partner Thomas McCulloch is a member of the National Academy of Elder Law Attorneys, and his commitment to elder law grew from his own experience caring for his aging mother — perspective that shapes how the firm approaches these deeply personal decisions.

What Are the Medicaid Asset Limits in Texas?

To qualify for long-term care Medicaid in Texas, a single applicant generally must have no more than $2,000 in countable assets (as of 2026). Not everything counts, though: a primary home within the equity limit, one vehicle, personal belongings, and certain other resources are typically exempt. Because these figures are adjusted periodically, families should confirm the current limits with Texas Health and Human Services before relying on them.