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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.

Administering a Probate Estate in Texas

In Texas, probating an estate involves shepherding assets through the court-supervised process governed by state probate law. This includes tasks like:

  • Filing initial petitions with the probate court
  • Providing required notices to beneficiaries
  • Inventorying estate assets
  • Managing estate property
  • Paying debts and taxes
  • Distributing remaining property to heirs
  • Closing the estate

Requirements for Estate Representatives

Texas requires court-appointed estate representatives, like executors or administrators, to hire counsel to represent the estate’s interests. Individuals can represent themselves but not third parties.

This differs from some states allowing non-lawyer representatives. In Texas, only a licensed probate attorney can legally handle estate administration filings and procedures.

No Public Probate Assistance

Texas probate courts do not provide any guidance or assistance to the public in navigating the process. The estate must cover all costs like court fees and attorney fees.

Complex Texas Probate Laws

With a large population, Texas has an extensive body of probate statutes and case law rather than just adopting the model Uniform Probate Code.

This complex web of laws and procedures creates a maze of deadlines, documentation requirements, liability risks, and litigation traps for the unwary. Only experienced local counsel can safely guide an estate through the process.

The Takeaway

In short, administrating a Texas probate requires hiring a probate attorney to legally represent the estate’s interests, handle filings, avoid missteps, and distribute assets properly. Texas law and courts provide little assistance, necessitating knowledgeable counsel.

Our Dallas Probate Attorneys provide a full range of probate services to our clients, including helping with the probate process. Probate is what we do. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process.We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.

Disclaimer: The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.

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