Articles Posted in Probate

Dependent administration is a court-supervised form of Texas probate in which the estate’s administrator must obtain court approval before taking most significant actions, such as selling property, paying claims, or making distributions. It is the more involved and more expensive of the two main administration types in Texas — the alternative being independent administration, which proceeds with minimal court oversight. Dependent administration exists to protect estates where supervision is genuinely needed.

McCulloch & Miller, PLLC guides administrators through both forms of Texas probate in Houston, Harris County, and the greater Houston metro area. The firm has over 35 years of experience navigating the Harris County Probate Courts, and it offers flat fee pricing on many probate matters — bringing predictability to a process that can otherwise feel open-ended.

What Is the Difference Between Dependent and Independent Administration?

The core difference is court supervision. In an independent administration — authorized under Texas Estates Code Chapter 401 — the executor or administrator can manage and distribute the estate without seeking the court’s permission for each step, which makes it faster and cheaper. In a dependent administration, the administrator must apply to the court and obtain an order before taking most actions, with the court overseeing the process throughout.

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You can avoid probate in Texas by arranging your assets so they transfer automatically at death instead of passing through your will. The most common tools are revocable living trusts, transfer on death deeds, payable-on-death accounts, and beneficiary designations. Each one moves a specific asset outside the court process — so when you combine several, you can keep most or all of an estate out of probate entirely.

McCulloch & Miller, PLLC helps families across Houston, Harris County, and the greater Houston metro area design estate plans that minimize or eliminate probate. With over 35 years of experience and a founding partner who is both an attorney and a CPA, the firm builds plans that account for how each transfer affects taxes, creditors, and the people you leave behind.

Why Would You Want to Avoid Probate in Texas?

Probate in Harris County is handled by five dedicated statutory probate courts — more than any other county in Texas — which means Houston families have access to judges and staff who do nothing but probate, guardianship, and related matters. That specialization can make the process more predictable than in counties where probate shares a docket with everything else. But it also comes with local rules, filing procedures, and deadlines that catch families off guard if they are not prepared.

McCulloch & Miller, PLLC represents families through the Texas probate process in Houston and across Harris County, with a main office in the Lyric Tower downtown — minutes from the courthouse where most Harris County probate cases are filed. The firm has guided executors and heirs through these courts for over 35 years, with flat fee pricing available on many matters.

How Does Probate Work in Harris County?

Probate in Houston typically costs between a few hundred dollars in court filing fees and several thousand dollars in attorney fees, depending on the size of the estate, the type of administration, and whether the case is contested. For a straightforward, uncontested estate, the total cost is often far lower than families fear. The biggest variable is rarely the court itself — it is how complicated the estate is and how the attorney charges.

McCulloch & Miller, PLLC has guided families through the Texas probate process in Houston, Harris County, and across the greater Houston metro area for over 35 years. The firm offers flat fee pricing on many probate matters, which gives families cost certainty at a time when the last thing they need is an open-ended legal bill.

What Are the Court Filing Fees for Probate in Harris County?

The court filing fee is the fixed cost paid to the county clerk to open a probate case. In Texas, the base filing fee for an original probate application is standardized statewide at approximately $360, though optional services such as citations and certified copies can add to that total. Families should confirm the current amount with the Harris County Clerk before filing, as fee schedules are updated periodically.

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After a Texas probate court appoints an executor or administrator, one of the first legal obligations is to prepare and file an inventory, appraisement, and list of claims. Under Texas Estates Code § 309.051, the personal representative must file this document within 90 days of receiving Letters Testamentary or Letters of Administration. The inventory serves as a comprehensive snapshot of everything the estate owns and everything it owes — and it plays a central role in how the estate is administered from that point forward.

McCulloch & Miller, PLLC has helped executors and administrators prepare and file probate inventories in Harris County Probate Courts and courts throughout the greater Houston metro area for over 35 years. The firm offers flat fee pricing on many probate matters, and founding partner Thomas McCulloch’s dual credentials as an attorney and a CPA provide a distinct advantage when inventories involve complex asset valuations or tax-sensitive property.

What Does a Texas Probate Inventory Include?

A probate inventory is a sworn document that lists and values every asset the decedent owned at the date of death. It must also include a list of claims — debts owed by the estate to creditors and debts owed to the estate by third parties. The inventory covers all categories of property: real estate, bank accounts, investment and brokerage accounts, vehicles, personal property, life insurance payable to the estate, business interests, and any other asset that the decedent owned in their individual name.

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When someone dies with outstanding debts, those debts do not simply disappear. During probate, the executor or administrator is responsible for identifying creditors, providing notice, evaluating claims, and paying valid debts from estate assets before distributing anything to beneficiaries. Under Texas Estates Code § 308.051 et seq., creditors have a limited window to file claims against the estate, and the personal representative has specific procedures to follow when approving or rejecting those claims.

McCulloch & Miller, PLLC guides executors and administrators through the creditor claims process in Travis County, Harris County, and probate courts across Texas. The firm’s probate attorneys have over 35 years of experience managing estate debts efficiently — ensuring that valid claims are paid, invalid claims are rejected, and beneficiaries receive their proper share of the remaining assets.

What Is the Creditor Notice Requirement in Texas Probate?

Within one month of receiving Letters Testamentary or Letters of Administration, the personal representative must publish a notice to creditors in a newspaper of general circulation in the county where the probate case is pending. Under Texas Estates Code § 308.051, this published notice informs potential creditors that the estate is being administered and that they must present their claims within the time allowed by law.

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If a loved one has passed away and left a will, the next step for most Dallas families is probate — the court-supervised process of validating the will, appointing an executor, and authorizing the transfer of estate assets to beneficiaries. In Dallas County, probate cases are filed in one of the county’s statutory probate courts, and the process follows a defined sequence of steps under the Texas Estates Code. Understanding these steps before you begin can help you avoid delays and unnecessary costs.

McCulloch & Miller, PLLC helps families in Dallas, Houston, and across Texas navigate the Texas probate process from start to finish. The firm’s probate attorneys have over 35 years of experience handling filings in Dallas County, Harris County, and surrounding courts, with flat fee pricing available on many matters.

Step 1: Locate the Original Will and Gather Documents

Before anything is filed with the court, the family needs to locate the original will. Texas courts require the original document — not a photocopy — to admit a will to probate. If the original cannot be found, the process becomes significantly more complicated, as the applicant must prove the will’s contents and explain why the original is unavailable.

In addition to the original will, gather the following documents: a certified copy of the death certificate (at least two copies are recommended), information about the decedent’s assets and debts, and the contact information for all beneficiaries and heirs named in the will or entitled to notice under Texas law.

If the will includes a self-proving affidavit — a notarized statement signed by the testator and witnesses at the time the will was executed — the probate process moves faster because the court can admit the will without requiring live witness testimony at the hearing.

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A probate bond is a type of surety bond designed to protect estate beneficiaries and creditors from financial harm caused by an executor’s or administrator’s mismanagement. In some Texas probate proceedings, the court requires the personal representative to post a bond before being granted authority to manage the estate. In others, the bond can be waived entirely. Whether a bond is required — and how much it costs — depends on the type of administration, the language in the will, and the preferences of the heirs.

McCulloch & Miller, PLLC helps executors and families in Houston, Harris County, and across Texas understand bond requirements and pursue waivers when appropriate. The firm’s probate attorneys have over 35 years of experience handling administrations in all four Harris County Probate Courts, with flat fee pricing available on many probate matters.

What Is a Probate Bond?

A probate bond — sometimes called an executor bond, administrator bond, or fiduciary bond — is a financial guarantee issued by a surety company. It ensures that if the personal representative fails to perform their duties properly — by mismanaging assets, failing to pay debts, or distributing property incorrectly — the surety company will compensate the estate or its beneficiaries up to the bond amount.

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