Houston Probate Lawyers


A common question our Houston probate lawyers at our firm hear is whether a loved one's estate should be probated.  The best way to determine whether a loved one's estate needs to go through probate is to explain the probate process.

Texas is known throughout the country to have one of the least-time consuming probate law processes.  This is because the executor of an estate may pursue an "independent administration," which generally requires very little court supervision.

In fact, most wills direct an executor to pursue independent administration of the estate.  But, in cases where a will does not have a provision for independent administration, an executor of a will may also ask the court for the authority to pursue independent administration, if all beneficiaries of the will agree.

If circumstances arise where no will was left, or a situation in which a will does not provide for independent administration and all beneficiaries do not agree to let the exector pursue independent administration, dependent administration under the supervision of a Texas probate court will be required.

In both instances of independent and dependent administration of an estate, a Houston Texas probate attorney can offer invaluable guidance, advice, and representation.  Despite the fact that Texas has independent administration, the probate process can be a time-consuming and complex process that involves a significant amount of paperwork and deadlines.

The probate process in Texas typically involves the following steps:

  • Filing a Petition -- This is the first step in the probate process.  It serves to notify the court of a loved one's death and the need to probate their will.  Additionally, all heirs and/or beneficiaries will be notified that a court hearing to probate the will is upcoming.  Generally, this notification is done through publication in a local newspaper.
  • Taking Inventory and Notifying Creditors -- After an executor of the estate is appointed, the executor must take a complete inventory of the decedent's property (real property, bonds, stocks, cars, bank accounts, etc).  Within a specific period of time, creditors of the decedent will have an opportunity to make a claim for any assets to satisfy amounts owed to them.
  • Payment of taxes and debts -- An executor will be responsible for filing the decedent's final tax return, paying any applicable federal taxes owed, determining which creditor's claims are valid, and paying off any valid debt.
  • Transferring Property -  One of the last steps in the probate process is the transfer of assets and property.  Any property or assets remaining after paying taxes and debts will be disbursed to the heirs and beneficiaries by the executor according to the decedent's wishes in their will.

If you are unsure of how to navigate through the requirements of the Texas Estates Code or need help understanding the probate process, the Houston probate lawyers at Fair & Fair, PLLC can help.  With our personalized service, we can help make a difficult process more stress-free and streamlined, so that you look forward to the future, and most of all, focus on your family.

Why Choose the Houston Probate Lawyers at Fair & Fair?

When you turn to our Houston probate law firm, we focus and devote ourselves to being a trusted legal partner you and your family deserve regardless of whether we're drafting an Affidavit of Heirship or representing you in a contested probate matter.

At Fair & Fair, PLLC, our Houston probate attorneys are personable and caring advisors who can assist you in answering questions that arise through the probate process including how to distribute assets, what properties of the estate must go through the formal probate process, how assets are to be distributed among beneficiaries, and any other questions you may have.

No matter what issues or concerns you may have, our Houston probate lawyers can help you walk through each step of the probate process, providing knowledgeable, compassionate, and individualized guidance.

We purposely operate as a boutique law firm to ensure that we can provide the best service and guidance for each and every client on a personal basis at affordable prices.

Also, our office phone is open from 9:00 AM to 9:00 PM on Monday through Saturday, as we understand that a majority of our clients work during the day and only time to talk with us during the early evening hours and on weekends, so feel free to call us at your convenience.

Areas Our Houston Probate Attorneys Serve

The Houston probate attorneys at Fair & Fair, PLLC provide services to clients throughout Harris County, including the cities of Aldine, Alief, Atascocita, Baytown, Bellaire, Channelview, Clear Lake City, Crosby, Cypress, Deer Park, El Lago, Galena Park, Hockley, Houston, Huffman, Humble, Jacinto City, Jersey Village, Katy, Kingwood, Klein, La Porte, Meyerland, Nassau Bay, North Shore, Pasadena, Seabrook, Shore Acres, South Houston, Spring, Taylor Lake, Tomball, Webster, and West University Place.

If you would like to learn how we can assist you, please contact our Houston Probate Lawyers today.


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More Information

Answers to some frequently asked questions regarding Texas Probate

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"Rick and Jeannie have been nothing but professional. They are prompt and very courteous. I recommend anyone needing legal services use Fair and Fair Law."

"I have personally dealt with Rick more so than Jean but both of these people are fantastic. One of the best things about them is how well they work together and how precise they are. The biggest thing about that is whenever Rick cannot get back to me right away, he can assure that Jean will relay the message or if not just as easily be able to answer my question. They have definitely helped me out with a lot of stuff. Long story short, if ya want or need an attorney(s) that will not drag ya through the mud, than I highly suggest Rick and Jean Fair. They are honest people with good ethics that know their stuff."