Frequently Asked Probate Questions

If you’ve recently lost a loved one, you may be facing the legal process known as probate—and feeling overwhelmed by the paperwork, court requirements, and confusing terminology. At The Toups Law Firm, we guide families through probate every day, and we’re here to make it easier. Here are answers to some of the most frequently asked questions about probate in Texas:

1. What Is Probate?

Probate is the legal process for settling a deceased person’s estate. This includes: admitting the will if there is one or identifying the heirs if there is not a will, appointing an executor or administrator, paying debts and taxes, and distributing the estate assets.

2. Do All Estates Have to Go Through Probate?

Not necessarily. Assets that pass by beneficiary designations (like life insurance or retirement accounts), payable-on-death (POD) accounts, transfer-on-death (TOD) deeds, or are held in trusts typically avoid probate. However, if the deceased owned property in their name alone or didn’t have proper beneficiary designations, probate is likely required.

3. What If There Is No Will?

If a person dies without a will (called dying “intestate”), Texas law determines who inherits the estate. The probate court will appoint an administrator, and the estate will be divided according to the Texas Estates Code, which may or may not align with the family’s wishes.

Frequently Asked Probate Questions

4. How Long Does Probate Take in Texas?

It depends on the complexity of the estate. A simple probate can be usually be completed in 6 months, while more complicated cases (especially those involving disputes, real estate, or business interests) often take many years. How long a probate will take depends not only on the complexity of the case but also the time of year the probate is initiated and what county the probate will occur in.

5. What Is Independent Administration?

Texas is unique in that it allows for independent administration in most probate cases. This means the executor can manage the estate with minimal court supervision, which saves time and money. Most wills in Texas request independent administration, and even in intestate cases, the court may allow it with the agreement of all heirs.

6. Do I Need an Attorney for Probate?

In most cases, yes. Texas law requires that an executor or administrator be represented by an attorney in court unless that executor is the sole beneficiary under the will. Having an experienced probate attorney can help you avoid costly mistakes and ensure the estate is handled properly and efficiently.

7. What If There Are Debts or Creditors?

One of the executor’s duties is to notify creditors and resolve valid claims. Fortunately, Texas provides several protections for surviving spouses and homesteads, and not all debts must be paid in full before distribution. An attorney can help evaluate which claims are legitimate and how to settle them properly.

8. Can Probate Be Avoided With Planning?

Yes! With good planning—such as revocable living trusts, beneficiary designations, and lady bird deeds—you can often avoid probate altogether. We have lots of great blogs on all of these topics. If avoiding probate is important to you, talk to us about creating a plan that fits your needs.

Navigating probate can feel overwhelming, but you don’t have to do it alone. At The Toups Law Firm, we walk families through the process with care, clarity, and efficiency. Ruth-Ann Toups is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization, a distinction held by fewer than 5% of attorneys in the state. You can feel confident knowing your case is in expert hands.