Must I Have a Lawyer to Probate a Will in Texas?

Probate is the legal process that courts use to carry out a person's will, divide and distribute any assets to the named beneficiaries, and arrange payment of any debts that the deceased has accumulated.

If the family member dies in Texas, heirs of the deceased may need clarification on whether they should acquire the advice of a probate attorney during probate as they are unfamiliar with the procedures. Under the Texas state laws concerning probate, a will may be probated without hiring an attorney. It is imperative to understand that a probate proceeding is a very detailed process that will need a considerable amount of time and expertise in probate law. For this reason, many individuals choose to obtain help from a capable and skilled Texas probate attorney.

The advantages of using a Texas Probate Attorney

Interested parties that want to probate a will in Texas are advised to contemplate seeking legal help through the use of an attorney. Reasons to use a Houston probate attorney consist of the following:

* The attorney can be at all essential appearances in court to talk with the judge about the details of the estate
* An attorney will take care of the filing of Texas probate applications to the court, for example: the application to probate a will, orders required to admit the will to probate, the inventory, appraisement and list of claims, and also, the application to set up an allowance for members of the family
* An attorney can appraise and list all of the estate's assets so that the correct value is established
* An attorney can contact creditors of the estate by preparing and sending notices, this will include arranging the placement of the notice in a few newspapers for public reference
* If needed, an attorney will make arguments to the court
* And much more.

If you opted to enter into a Texas probate without the aid of an attorney, you would be responsible for the aforementioned tasks, as well as having to manage your daily personal commitments.

Choosing to Probate a Will Without an Attorney in Texas

For some estates, if you have some understanding of the forms you need, with limited guidance, it may be possible to deal with the probate without an attorney. However, if the estate proves to be complex, you will almost certainly need to seek professional legal help. If you choose against hiring an attorney to guide you through the probate process, you risk being held personally liable for any of your mistakes during the proceedings.

Some of the issues that could cause concern include:

* The assigning of guardians to minors that have inherited property
* The need to sort out a complicated tax situation
* Issues with unpaid taxes that the deceased left
* Difficulties in understanding the wording of the will
* And problems with people claiming unpaid debts on the deceased.

An experienced Houston probate attorney can give you a positive probate experience. The heirs of an estate will be more likely to receive their rightful share if the wishes of the deceased are carried out as outlined in their will. The help of a a probate attorney streamlines the Texas probate process.


Make contact with Houston probate attorneys Jones Morris Klevenhagen LLP with your probate questions. The firm are experienced Texas Probate Attorneys.