Texas Probate Process Explained: What Families Need to Know After Losing a Loved One

Losing a loved one is hard enough without having to navigate complex legal processes. In Texas, probate is often necessary to settle a deceased person’s estate, but it doesn’t have to be overwhelming.

At BC Robertson Law, we help families in Dallas and beyond understand and manage the probate process with compassion and expertise. Here’s what you need to know.

Common questions answered about the Texas probate process

What is Probate in Texas?

Probate is the court-supervised process of:

✅ Proving a deceased person’s will is valid.

✅ Identifying and inventorying their property.

✅ Paying debts and taxes.

✅ Distributing remaining assets to heirs.

If there is no will, Texas law determines how assets are distributed through intestacy laws.

Does Every Estate Go Through Probate?

Not necessarily. Probate is generally required if:

• The deceased owned property solely in their name.

• There are no designated beneficiaries on assets like life insurance or retirement accounts.
  

Assets that often avoid probate:

• Jointly owned property with right of survivorship

• Payable-on-death (POD) or transfer-on-death (TOD) accounts

• Assets held in a living trust
  

Types of Probate in Texas

The Texas probate process is not a cookie cutter process. Texas offers several types of probate, including:

1️⃣ Muniment of Title

A simplified process if there’s a valid will and no debts.

2️⃣ Independent Administration

The most common form. Allows executors to handle most tasks without court oversight.

3️⃣ Dependent Administration

Used when there’s conflict among heirs or no will. Court approval is needed for most actions.

Common Challenges Families Face in Probate

⚠️ Contested Wills – Disputes between heirs can delay proceedings and increase costs.

⚠️ Creditor Claims – Debts must be properly addressed before distributing assets.

⚠️ Missing or Invalid Documents – Errors in the will or lack of proper documentation can complicate probate.

How a Probate Attorney Can Help

An experienced probate attorney can:

✅ Guide executors and families through legal requirements.

✅ Help resolve disputes quickly.

✅ Minimize court involvement and unnecessary delays.

✅ Ensure compliance with Texas probate laws.

At BC Robertson Law, we take a compassionate, hands-on approach to help families navigate probate efficiently during an already emotional time.

Let Us Guide You Through Probate

You don’t have to face probate alone. BC Robertson Law is here to take the legal burden off your shoulders so you can focus on what matters most: your family.

📞 Call us today at 214-432-5972 or schedule your probate consultation online.

We’ll help you move forward with confidence.

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