Can I Do Probate Myself in Texas?
If you’re wondering whether you can handle probate on your own in Texas, the answer is: it depends.
Technically, Texas law allows individuals to manage some probate matters without an attorney — but it’s not always straightforward.
When You May Be Able to Do Probate Yourself
If the loved one’s estate is very simple – for example, the only asset is a homestead and there are no debts – you might qualify for a Muniment of Title or a Small Estate Affidavit. These are streamlined processes that don’t require ongoing court supervision and can often be handled without an attorney.
When You’ll Likely Need a Probate Attorney
If the estate is more complex, or if someone must be appointed as an executor or administrator, Texas courts generally require you to be represented by an attorney.
Why? Because an executor or administrator is a “fiduciary” who represents the interests of the estate and beneficiaries – which is considered practicing law.
You’ll likely need an attorney if:
- The estate contains real property, businesses, or substantial assets
- Beneficiaries or heirs cannot agree on the distribution
- There are creditor claims, tax obligations, or debts to settle
- The will is unclear, contested, or if your loved one left no will at all
The Risks of Going It Alone
The reality is that probate does involve strict legal procedures, deadlines, and filings.
A mistake – even an honest one – can delay the process, expose you to personal liability, or cause family conflicts. Courts hold executors and administrators to a high standard, so it’s important to have experienced legal guidance.
Why Work With a Texas Probate Attorney?
Our team of probate attorneys can help you navigate every stage of the process with confidence – from preparing the right filings to representing you at hearings and ensuring all legal requirements are met. This allows you to focus on your family while we take care of the legal details.
Frequently Asked Questions
❓ Can I probate a will myself in Texas?
While simple matters like a Muniment of Title or Small Estate Affidavit might not require an attorney, most probate proceedings in Texas require legal representation – especially if someone is appointed as executor or administrator.
❓ What happens if I make a mistake during probate?
Errors in probate can cause costly delays, legal complications, or even personal liability. That’s why working with a probate attorney can help ensure everything is handled correctly from the start.
❓ How long does probate take in Texas?
Probate can take a few months for straightforward estates, or up to a year or more for complex cases. An experienced probate attorney can help streamline the process and avoid unnecessary delays.
❓ Do all assets have to go through probate?
No. Assets with named beneficiaries – such as life insurance, retirement accounts, and accounts designated “payable on death” – pass outside of probate. However, most other property titled solely in the deceased’s name will require probate.
❓ How can a probate attorney help me?
A probate attorney can prepare the necessary legal filings, guide you through hearings, communicate with beneficiaries and creditors, and help you avoid mistakes – allowing you to focus on your family during a difficult time.
Ready to Get Started?
If you have questions about probate, attorneys Matt Zimmerman and Sydney Key and their staff are here to help.
Probating an estate doesn’t have to be stressful or confusing. Schedule a case review today and let us help you do it the right way.
