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Do You Have to Hire a Probate Attorney in Texas?

Hiring a probate attorney in Texas is generally necessary when administering a probate estate. This is due to a combination of Texas law, which requires representation of the interests of beneficiaries and creditors, and the complexity of the state’s probate laws.

In Texas, individuals have the right to represent themselves in legal proceedings, but this does not extend to representing the interests of third parties. As the personal representative of an estate, it is necessary to hire a probate attorney to ensure that the interests of the estate are properly represented. There is an exception to this rule if there are no other beneficiaries or creditors of the estate.

In addition to the legal requirements, the Texas probate system is not set up to provide assistance to the public. Instead, those seeking to have an estate probated in the state must cover their own costs, including the fees of a probate attorney.

The complexity of Texas probate laws further necessitates the hiring of a legal professional. The state has a well-developed body of probate law due to its large population and the resulting number of probate cases and court decisions. In contrast, many smaller states with less developed bodies of probate law have adopted the Uniform Probate Code, a set of laws written by law professors, rather than creating their own laws. Texas, however, is not a UPC state.

There are some exceptions to the general rule of hiring a probate attorney in Texas. There are alternatives to probate that may be able to be handled without legal representation. To understand all of your legal options, call us today for a FREE attorney consultation. (469) 895-4333.

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