Search Site
Menu
Help Wanted

Help Wanted: Counsel’s Assistance for Probate

Texas has taken great efforts to make the probate process as quick and affordable as possible while still maintaining the integrity of the system.  As part of this overall theme, Texas recognizes several abbreviated probate process (e.g. independent administration, muniment of title, small estate affidavits) that require only limited filings and usually a single brief hearing in order to transfer property out of the decedent’s name and into the name of the decedent’s beneficiaries or heirs.

While Texas has created these abbreviated probate process, Texas does not recognize a “do it yourself” probate. Rather, an attorney is required to initiate the probate process because only a licensed attorney may represent a third-party in court.  Steele v. McDonald, 202 S.W.3d 926 (Tex. App. — Waco 2006) (Read more here).

Therefore, an attorney is required in all probate proceedings because the person applying to open the decedent’s estate is not actually representing themselves.  Instead, the applicant is representing the estate of the person that died and the applicant’s actions can impact the rights of others (e.g. other heirs or creditors).  Therefore, Texas law requires all applicants to obtain the assistance of an attorney in order to open a probate estate as part of the probate system established to offer each heir and creditor a fair opportunity to claim their interest in each estate probated.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2019

    The Strong Firm represents borrower in $42.3 million HUD construction loan for multifamily real estate development in Walton County, Florida.

    Read More
  • Spring 2019

    The Strong Firm acts as legal counsel for borrower in $32.1 million HUD construction loan for multifamily real estate development in Conroe, Texas.

    Read More
  • Spring 2019

    The Strong Firm aids borrower in $31.7 million HUD construction loan for multifamily real estate development in Nueces County, Texas.

    Read More
  • Spring 2019

    The Strong Firm represents borrower in the refinancing of a $3.57 million commercial mortgage-backed security for a commercial office facility in Montgomery County, Texas.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2019 Award

Recent Blog Posts

Eligibility for Unemployment Benefits When Job Loss Is Due to Coronavirus

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed by the federal government and signed into law on March 30, authorizes expanded unemployment benefits for Americans. Due to the major economic crisis triggered by the COVID-19 pandemic, there are several distinctions from the traditional programs that states use to
Read More
Eligibility for Unemployment Benefits When Job Loss Is Due to Coronavirus

Key Aspects of the CARES Act Provisions Authorizing Small Business Loans

Small business owners are necessarily prepared for various types of challenges, but what do you do when the government orders you to close for an indefinite amount of time? Unfortunately, the COVID-19 pandemic has put millions in this very difficult position. Even worse, it is still unclear in many places
Read More
Key Aspects of the CARES Act Provisions Authorizing Small Business Loans

How Stay at Home Orders Are Affecting Real Estate Transactions

Purchasing a home is both an exciting milestone and an extremely stressful event. Even when things are running normally in the United States, people who are buying a property must deal with numerous moving parts and expenses. With nearly every facet of our lives upended by the global COVID-19 pandemic,
Read More
How Stay at Home Orders Are Affecting Real Estate Transactions

What Advance Medical Directives Should I Have in Place If I’m Concerned About COVID-19?

Though it’s always been true, the COVID-19 pandemic has driven home the point that a debilitating medical condition can strike without warning. Whether you’re fighting the coronavirus or are incapacitated for some other reason, your wishes regarding medical treatment should be honored by family members and healthcare providers. An experienced
Read More
What Advance Medical Directives Should I Have in Place If I’m Concerned About COVID-19?
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.

Pay Retainer Online

Use our easy-to-use and secure online payment feature.
We accept all major credit cards.

Pay Your Retainer

Contact us

Quick Contact Form