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…
Houston Estate Planning and Elder Law Attorney Blog
How Probate Works in Texas: A Guide for Houston Families
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…
Independent vs. Dependent Administration in Texas Probate
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…
What Happens When Someone Dies Without a Will in Texas?
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…
How Much Does Probate Cost in Texas?
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…
Revocable Living Trust vs. Will in Texas: Which Do You Need?
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…
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…
Medallion Signature Guarantees And Frozen Accounts—What Dallas Executors Must Prepare Before Liquidating Securities
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,…
Password Managers, Crypto Keys, and Cloud Archives—Drafting Digital-Asset Instructions for Travis County Estates
Your life now lives online: email, cloud drives, photo libraries, banking apps, social media, password managers, and perhaps cryptocurrency wallets. Without clear instructions, loved ones can be locked out for months, losing irreplaceable memories and, in the case of crypto, real money. Travis County courts respect digital-asset directives when they…
Community-Property Survivorship Agreements for Austin Transplants—A Simple Way to Keep Assets Out of Probate
Moving to Austin brings new routines, new licenses, and—if you are married—new rules about property. Texas is a community-property state, which means most assets you and your spouse acquire during marriage belong to both of you. With one short document, a Community-Property Survivorship Agreement, you can turn that shared ownership…