Probate With a Will in Texas

When someone dies with a will, having the original will is an important first step, but it does not automatically give the person named as executor authority to act for the estate.

In many cases, the will must be admitted to probate and the executor must be appointed by the court before the executor has legal authority to handle estate property, access certain accounts, or take other actions on behalf of the estate.

The Blacknall Firm represents families in uncontested probate with a will in Collin, Dallas, Denton, and Rockwall Counties.

dies

What Happens When Someone Dies With a Will in Texas?

A will identifies who the person wanted to receive property and usually names the person they wanted to serve as executor. After death, the probate court determines whether the will should be admitted to probate and, when an administration is needed, whether the person named as executor should be appointed.

Once appointed and qualified, the executor receives legal authority to act on behalf of the estate.

The exact process depends on the will, the estate, and the circumstances of the family. We review those circumstances before determining the appropriate probate procedure.

The Uncontested Probate Process

In a typical uncontested probate with a will, the process begins by reviewing the original will and information about the person who died, the family, and the estate.

The appropriate probate documents are then prepared and filed with the court. After the required court procedures have been completed, a hearing is held to ask the court to admit the will to probate and, when appropriate, appoint the executor.

After appointment, the executor must complete additional legal requirements associated with administering the estate.

The Blacknall Firm handles the court proceeding and advises the executor regarding the legal responsibilities that follow appointment.

estate attorney
Executor

What Does the Executor Do?

An executor is responsible for administering the estate according to the will and Texas law.

Depending on the estate, those responsibilities can include identifying estate property, addressing required notices, handling valid claims and obligations, maintaining appropriate records, and ultimately distributing estate property to the people entitled to receive it.

We explain the executor’s legal responsibilities and guide our clients through the requirements of an uncontested administration.

Does Having a Will Avoid Probate?

Not necessarily.

A will provides instructions about what should happen after death, but the will itself does not automatically transfer every asset or give the named executor immediate authority to act.

Whether probate is necessary depends in part on how the deceased person’s property was owned and whether assets can pass outside probate through another legally recognized method.

We review the circumstances of the estate before recommending a probate proceeding.

Is a Full Estate Administration Always Necessary?

No.

Some estates with a valid will may qualify for probate as a muniment of title, which can allow the will to be admitted to probate without appointing an executor to conduct an ongoing administration.

Whether that procedure is appropriate depends on the circumstances of the particular estate.

full-estate
we-handle

When We Handle Probate With a Will

The Blacknall Firm focuses on uncontested probate.

That generally means the interested parties are not asking the court to resolve a dispute over the validity of the will, who should serve as executor, who is entitled to estate property, or another contested issue.

We do not handle will contests, contested probate proceedings, fiduciary disputes, or probate litigation.

Probate Representation in Collin, Dallas, Denton, and Rockwall Counties

The Blacknall Firm represents clients in uncontested probate matters filed in Collin, Dallas, Denton, and Rockwall Counties.

The person seeking appointment as executor does not necessarily have to live in the county where the probate case is filed. Because much of an uncontested probate matter can be handled remotely, we can also work with appropriate clients who live elsewhere while handling an estate in one of the counties we serve.

Frequently Asked Questions

No. Being named as executor does not, by itself, give someone authority to act on behalf of the estate. When an administration is necessary, the court must appoint the executor, and the executor must qualify before receiving authority to act for the estate.

Probating a will when the original cannot be located involves additional legal requirements. We review the circumstances surrounding the missing original before determining whether the matter is appropriate for our uncontested probate practice.

That depends on the will, the assets, the debts and obligations of the estate, and whether an executor needs ongoing authority to administer estate property. We review the estate before recommending the appropriate probate procedure.

Speak With a Texas Probate Attorney

If a loved one died with a will and the estate needs to be handled in Collin, Dallas, Denton, or Rockwall County, The Blacknall Firm can review the circumstances and determine the appropriate uncontested probate process.

Our goal is to provide knowledgeable, practical guidance so you understand what needs to happen and what to expect throughout the probate process.

Here to Help

Get in Touch

Meet with us

Use our online booking tool to easily schedule a convenient time to talk with us about your estate planning, probate, or guardianship needs.

Book a consult

Potential new client form

Use this form if you are a potential new client or have a consultation already booked.

Fill out form