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Losing a loved one is never easy, and navigating the legal process that follows can feel overwhelming—especially if you’re unsure what steps to take. At Barr Law, PLLC, we frequently speak with individuals who have just experienced a death in the family and are asking the same question: “Do I have to go through probate?”
In this article, we explain what probate is, when it’s required in Texas, and how to determine if your situation involves probate or an alternative process.
Probate is the legal process by which a court validates a deceased person’s will (if there is one), or determines the deceased person’s will (if there is no will), appoints a personal representative (executor or administrator), and oversees the administration of the estate. This includes:
In short, probate ensures that a person’s financial affairs are legally settled after death.
Whether or not probate is required depends on several factors. Here are the most common situations where probate becomes necessary:
1. The Deceased Owned Property in Their Name Alone
If the deceased owned real estate, vehicles, or bank accounts solely in their name, probate is often required to legally transfer ownership to heirs or beneficiaries.
2. There Is No Will
When someone dies intestate (without a will), Texas law determines how their property is divided among surviving certain relatives, i.e. “heirs.” An interested person, including an heir or creditor, may apply for a court-appointed administrator to manage the estate and distribute assets.
3. The Estate Includes Significant Debts or Claims
If creditors need to be paid from the estate, probate provides a structured, court-supervised process for resolving debts and ensuring lawful distribution of remaining assets by priority codified in the Texas Estates Code.
4. A Will Needs to Be Proven
Even when a valid will exists, it must typically be submitted for “admission” into probate. The court will confirm that the will is legally valid and appoint the named executor or administrator to administer the estate.
Texas law offers several alternatives to full probate, especially for small or uncomplicated estates. You may not need formal probate if:
Each situation is unique. Speaking with a probate attorney is the best way to determine what applies in your case.
Probate in Texas typically takes 6 months to a year, though the timeline can vary based on the size and complexity of the estate, whether the will is contested, the location of the proceeding, and how quickly debts and taxes are resolved.
Texas does offer an Independent Administration process—which allows for less court involvement and a faster timeline—but it must be in the Will or approved by the court and agreed to by the heirs.
Failing to open probate in a timely manner can cause:
In Texas, a will must generally be filed for probate within four years of the date of death.
Probate does not have to be a stressful or confusing process. At Barr Law, PLLC, we help families navigate probate with confidence, professionalism, and compassion. Whether you need to:
We’re here to provide clear answers and legal guidance every step of the way.
If you’ve recently lost a loved one and aren’t sure where to begin, we’re here to help. Contact Barr Law, PLLC to schedule a consultation and get the guidance you need to protect your loved one’s legacy and family’s future.
Reach out today, and let Barr Law guide you with strategic counsel and unwavering support from the outset of your legal matter.
Copyright 2025 © All Right Reserved Barr Law, PLLC. Design by JSBC Marketing