Houston Estate Planning and Elder Law Attorney Blog

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.

Password Managers, Crypto Keys, and Cloud Archives—Drafting Digital-Asset Instructions for Travis County Estates

Published on: January 22, 2026 | By Thomas W. McCulloch

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 are written correctly. If you build a practical kit into your estate plan, your executor or trustee can access what you own, protect your privacy, and move quickly without violating service contracts.

Start With an Inventory You Can Actually Maintain

A digital inventory should be short and structured. Create a spreadsheet with columns for service name, purpose, account email, recovery phone, and where credentials are stored—not the credentials themselves. Include your password manager account (1Password, Bitwarden, Keeper, or similar) and the location of your emergency kit or recovery codes. Add financial apps, cloud storage (Google Drive, iCloud, Dropbox), photo services, domain registrars, crypto exchanges, and any self-custody wallets. Review quarterly; digital life shifts faster than bank accounts do.

Community-Property Survivorship Agreements for Austin Transplants—A Simple Way to Keep Assets Out of Probate

Published on: January 19, 2026 | By David W. Miller

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 into a fast, probate-skipping transfer at the first spouse’s death. If you are a transplant from a common-law state, this tool may be the simplest upgrade you make to your estate plan.

What a Community-Property Survivorship Agreement Does

A survivorship agreement says that community property will pass to the surviving spouse by right of survivorship, similar to joint tenancy with right of survivorship in other states. When one spouse dies, the survivor owns the property outright without waiting for court orders. Title companies recognize the agreement, and your survivor can sell, refinance, or retitle without opening a full probate just to move a home or bank account.

Portability Made Practical for Houston Couples—How to Capture the DSUE Amount After the First Spouse’s Death

Published on: January 14, 2026 | By David W. Miller

If you are married, federal estate tax “portability” lets the survivor use any unused estate tax exemption from the first spouse to die. That carryover—called the deceased spouse’s unused exclusion (DSUE)—can be worth millions of dollars in tax savings for your family. The catch is simple but strict: you must file a timely estate tax return for the first spouse, even when no tax is due. With a little planning, you can secure the DSUE and keep options open for wealth transfers, business exits, and home sales down the road.

Understand What Portability Really Gives You

Each spouse has a federal estate and gift tax exemption. When the first spouse dies, any unused exemption can be “ported” to the survivor. The survivor adds that DSUE to their own exemption, increasing the amount they can transfer during life or at death without federal estate tax. Portability pairs well with Houston families whose wealth sits in homes, retirement accounts, closely held companies, or life insurance trusts that may grow over time.

Protecting Homestead Equity With Lady Bird Deeds in Houston—Avoiding MERP Claims and Probate Delays

Published on: January 11, 2026 | By Thomas W. McCulloch

Protecting Homestead Equity With Lady Bird Deeds in Houston—Avoiding MERP Claims and Probate Delays

Your Houston homestead may be the most valuable and emotionally important asset you own. You want your family to keep it, avoid long court delays, and steer clear of unexpected Medicaid Estate Recovery Program (MERP) claims. A Texas enhanced life estate deed—often called a Lady Bird deed—can help you do all three when it is drafted and recorded correctly.

Understand What a Lady Bird Deed Actually Does

A Lady Bird deed transfers your home to a named beneficiary automatically at your death, yet you keep full control during life. You can sell, refinance, lease, or even revoke the deed without asking the remainder beneficiary for permission. Because title passes outside probate, your executor does not need a court order to move the house to your heir. That speed reduces carrying costs, prevents insurance lapses, and keeps the property out of probate delays that can stretch for months.