Guiding You Through Probate with Compassion and Clarity

The death of a loved one brings emotional turmoil, often compounded by the complex legal process of probate. Probate is the legal procedure for settling a person’s estate after they pass away—ensuring debts are paid and property is distributed according to the will, or under Texas intestacy laws if there is no will.

At Varghese Summersett, we walk alongside families during this difficult time, providing clear, compassionate guidance every step of the way. With offices in Fort Worth, Dallas, and Southlake, our North Texas probate attorneys are well-equipped to assist grieving families with the administration of estates—large and small, contested or uncontested.

In this article, our experienced attorneys explain probate in plain terms, outline the steps involved in administering an estate, and detail how we can help ensure the process is handled efficiently, respectfully, and in accordance with Texas law.

What is Probate Administration in Texas?

Probate administration in Texas is the court-supervised process that ensures a deceased person’s affairs are properly resolved. This includes identifying and valuing assets, paying off debts, and distributing property to beneficiaries or heirs.

Independent vs. Dependent Administration

Texas allows for two primary forms of probate administration:

• Independent Administration

Most estates in Texas qualify for independent administration, which is less burdensome and more cost-effective. The executor handles most tasks without extensive court supervision. This is available when the will expressly authorizes it or all heirs agree.

• Dependent Administration

In more complex or contested cases, dependent administration is necessary. This requires court approval for nearly every action the administrator takes, including paying debts and distributing property. It provides oversight but is more time-consuming and expensive.

Key Steps in the Probate Process

1. File the Will (If There is One) with the Appropriate Probate Court

The process begins by submitting the original will to the probate court in the county where the decedent resided. In Texas, this must typically be done within four years of the date of death, according to Texas Estates Code §256.003.

If there is no will, the estate proceeds under intestacy laws, and the court will determine heirs and distribute the estate accordingly.

Example: If someone passed away in Fort Worth with a valid will, the will would be filed with the Tarrant County Probate Court for review and authentication (known as “probating the will”).

2. Petition for Probate and Appointment of Executor or Administrator

After filing the will, the next step is to petition the court to open probate and request the formal appointment of a personal representative. This person is responsible for managing the estate. If the will names someone, that person is called the executor.

If there is no will, or the named executor is unable or unwilling to serve, the court will appoint an administrator—typically a surviving spouse, adult child, or other close relative.

Texas Estates Code §304.001 outlines the order of persons eligible to serve as personal representative if there is no will. Once appointed, the executor or administrator takes an oath and may be required to post a bond, depending on the circumstances and the type of administration.

Example: A father passes away and names his oldest daughter as executor in his will. She petitions the court and is appointed executor, taking an oath to carry out her duties faithfully and lawfully.

3. Notify Beneficiaries and Creditors

Once appointed, the executor or administrator must provide legal notice to beneficiaries, informing them of their interest in the estate. They are also required to notify known creditors of the estate and publish a notice to unknown creditors in a local newspaper, per Texas Estates Code §308.051.

This gives creditors the opportunity to file a claim within the statutory time frame (usually four months from notice).

Example: After being appointed, the executor sends formal notice to each heir named in the will and publishes a creditor notice in the Dallas County newspaper to alert any unknown claimants.

4. Inventory and Appraise Assets

The executor or administrator must identify and value all probate assets—which may include:

• Real estate
• Bank accounts
• Investment accounts
• Personal property (vehicles, jewelry, collectibles)
• Business interests
  

A detailed Inventory, Appraisement, and List of Claims must be filed with the court—unless waived by the court or by agreement of all beneficiaries under Texas Estates Code §309.051.

Example: In a Southlake estate, the executor collects information on the decedent’s home, stocks, a retirement account, and personal items, then hires a certified appraiser to assess the fair market value of the home and antiques.

5. Pay Debts, Taxes, and Final Expenses

The executor or administrator must settle all valid debts, including:

• Medical bills
• Funeral expenses
• Mortgage payments
• Income or estate taxes

Texas law sets out a priority of claims under Estates Code §355.102 to ensure debts are paid in the correct order. If there are not enough assets to cover all debts, lower-priority creditors may go unpaid.

The executor also files the decedent’s final federal income tax return and, if applicable, an estate tax return.

Example: A Fort Worth estate includes $50,000 in medical bills and $30,000 in credit card debt. The executor uses liquid assets to pay these, prioritizing them according to statutory requirements.

6. Distribute remaining assets to heirs or beneficiaries.

Once debts and expenses are paid, the executor or administrator distributes the remaining assets to the appropriate individuals:

If there’s a will, assets are distributed according to its terms.

If there’s no will, assets are divided based on Texas intestacy laws under Chapter 201 of the Estates Code.

In many cases, this includes transferring real estate, issuing deeds, retitling vehicles, or liquidating accounts and distributing proceeds. A final accounting may be required by the court before the estate can be closed.

Example: After all claims are satisfied, a Dallas executor distributes the estate per the will: the house to the surviving spouse, and equal shares of the bank accounts to three adult children. Property deeds are transferred, and the estate is formally closed with the court.

It’s important to point out that every probate case has its own set of variables—multiple heirs, missing wills, contested claims, or high-value assets—which is why experienced legal counsel is essential.

Timelines vary depending on the size and complexity of the estate, but independent administrations can often be completed in 6 to 12 months. Contested cases or dependent administrations can take significantly longer.

Why You Need a Probate Administration Attorney

• Avoid Costly Mistakes
  Probate is governed by the Texas Estates Code, and missing a required notice, filing, or deadline can delay the process or lead to personal liability for the executor. An attorney ensures every detail is handled correctly from the beginning.

• Protect the Estate
  From dealing with creditor claims to ensuring the correct distribution of assets, we help executors avoid legal pitfalls that could reduce the estate’s value or expose them to legal challenges.

• Reduce Family Conflict
  Grief can amplify tensions. Disputes over wills, heirship, or asset division can quickly escalate. We act as objective, experienced advisors who guide families through difficult decisions while minimizing conflict.

• Lighten the Burden
  Handling probate while mourning a loved one is overwhelming. We take the legal burden off your shoulders, giving you space to focus on healing.

Why Choose Varghese Summersett

We are a trusted North Texas law firm with a strong presence in Fort Worth, Dallas, and Southlake. Families turn to us during their most difficult seasons—not just because we know the law, but because we take the time to understand their story.

• White-glove, concierge-level service from your first call.
• Award-winning attorneys with decades of combined experience.
• Highly responsive communication—we don’t leave clients in the dark.
• Referred by other lawyers who trust us to handle sensitive probate matters with discretion and skill.

What Our Probate Attorneys Handle

We tailor our legal services to match the unique needs of each estate. Here’s a breakdown of the probate tools and services we provide:

Affidavit of Heirship

Used when a person dies without a will and leaves only real property. This document establishes heirship and allows property transfers without full probate.

Family Settlement Agreement

An agreement between heirs to resolve how assets will be divided, often used to avoid litigation or streamline distribution.

Small Estate Affidavit

Available when the estate is valued under $75,000 (not including homestead or exempt property). This simplified procedure avoids a full probate process.

Muniment of Title

A cost-effective alternative to probate when there is a valid will and no debts other than a mortgage. This process transfers property directly from the will without appointing an executor.

Independent Administration

Most commonly used for estates with a will or agreement among heirs. Our attorneys guide executors through the process, handling court filings and notices.

Heirship Determination

When someone dies without a will, a court must determine who the legal heirs are. This requires presenting evidence and testimony to the court.

Contested Cases

We represent clients in disputes over will validity, undue influence, lack of capacity, executor misconduct, and more. Our litigation team is experienced in resolving complex, high-conflict probate cases.

Core Probate Administration Services

• Filing the Will with the Court: We handle the technical requirements of filing the original will and initiating probate proceedings.
• Appointing an Executor or Administrator: We guide personal representatives through the legal qualifications and court appointments.
• Resolving Debts and Taxes: From creditor claims to estate taxes, we ensure all obligations are identified, negotiated, and resolved.
• Distributing Property to Heirs: We handle legal title transfers and ensure proper disbursement of estate assets in accordance with the will or Texas law.
• Handing Contested Wills and Disputes: When conflict arises, we’re ready to defend your interests, whether through negotiation or courtroom litigation.

Client-Centered Service from Day One

We don’t take a one-size-fits-all approach. From your first consultation, we focus on listening, understanding your family dynamics, and identifying your goals. Probate is not just a legal process—it’s a human one. We know that every heir, every asset, and every decision matters.

We provide updates throughout the process, remain accessible to answer your questions, and help reduce the stress that naturally comes with losing a loved one.

Frequently Asked Questions

How long does probate take in Texas?

An uncontested independent administration may take 6 to 12 months. Dependent administrations or contested estates can take a year or more, depending on complexity.

Do all estates go through probate?

Not all. Some assets, such as life insurance policies or retirement accounts with designated beneficiaries, bypass probate. Others, like property without a named beneficiary, usually require probate.

What happens if there’s no will?

Texas law provides a method of heirship determination under the Texas Estates Code Chapter 201. The estate will be divided according to intestate succession rules, which prioritize spouses, children, parents, and siblings.

Can probate be avoided?

Yes. Proper estate planning—such as using trusts, joint ownership, and beneficiary designations—can help avoid or reduce the need for probate. For smaller estates, tools like a small estate affidavit or muniment of title may be available.

Contact Our North Texas Probate Attorneys Today

If you’ve recently lost a loved one and need guidance through the probate process, contact Varghese Summersett today. Two of our skilled North Texas probate attorneys, Michael A. Livens and Brent McMullen, bring decades of combined experience and compassion to every case and will help you understand your options and create a plan that honors your loved one’s legacy and protects your family’s future. Call us at 817-203-2220 today. We have offices in Fort Worth, Dallas and Southlake.