Do You Need an Attorney to Open Probate in Texas?

Stephanie Fernald
Jan 8
2 min read

Q: Can I file for probate myself in Texas? A: No. Even if you are the executor, the court typically requires legal representation because you are acting on behalf of other beneficiaries.

Q: When is an attorney not required for probate in Texas? A: In limited situations, like muniment of title or small estate affidavits, an attorney may not be required—but these are exceptions, not the rule.

Do you need an attorney to open probate in Texas

Losing a loved one is never easy, and navigating the legal aftermath can feel overwhelming. If you’re wondering Do you need an attorney to open probate in Texas, you're not alone.

The short answer is yes—in most situations, an attorney is required to open probate in Texas. But let’s break down why that’s the case and what it means for you.

What Is Probate in Texas?

Probate is the legal process of validating a will, identifying and gathering the decedent’s assets, paying debts and taxes, and distributing what's left to the rightful heirs or beneficiaries.

In Texas, there are different types of probate—independent administration, dependent administration, muniment of title, and small estate affidavits—each with its own legal procedures and requirements.

Why You (Usually) Need an Attorney to Open Probate

Texas courts require most probate applicants to be represented by a licensed attorney because:

The Executor or Administrator represents other people’s interests (the beneficiaries), not just their own.
Only attorneys can represent others in court—even if you’re the named executor or family member.
Mistakes in probate filings can cause major delays, court rejections, or even personal liability.

Even in simple estates, failing to properly file the right documents or notify creditors can expose you to risk.

⚠️ Are There Any Exceptions?

In rare cases—such as muniment of title or small estate affidavits—an attorney might not be required. However, even these exceptions can be confusing, and you may still benefit from legal advice to ensure eligibility and accuracy.