Many people are surprised to learn that probate is a structured legal process designed to ensure a deceased person's assets are transferred correctly and that outstanding debts are handled according to Texas law. While every estate is different, the probate process generally follows a predictable sequence.

Filing the Probate Application

The probate process begins by filing an application with the appropriate Texas probate court. The application requests that the court recognize the validity of the will, if one exists, and appoint the individual who will administer the estate.

If there is no will, the court will determine who is legally entitled to serve as administrator under Texas law.

Appointment of the Executor or Administrator

Once the court approves the application, the executor named in the will or the court-appointed administrator receives legal authority to act on behalf of the estate.

This authority allows the representative to:

• Identify and protect estate assets

• Notify financial institutions and other interested parties

• Pay valid debts and expenses

• Handle tax-related matters

• Transfer property to beneficiaries or heirs

• Complete the legal administration of the estate

Inventory and Valuation of Estate Assets

Texas law generally requires an inventory of the estate’s assets unless an alternative filing is permitted. This inventory may include:

• Real estate

• Bank accounts

• Investment accounts

• Business interests

• Vehicles

• Personal property

• Mineral rights

• Life insurance proceeds payable to the estate

Properly identifying and valuing assets is an important step because it helps ensure the estate is administered accurately and in compliance with court requirements.

Paying Debts and Estate Expenses

Before assets are distributed, valid debts and expenses must generally be addressed. These may include:

• Funeral expenses

• Final medical bills

• Mortgage obligations

• Credit card balances

• Taxes

• Administrative expenses

Not every debt is automatically enforceable against an estate. Determining which claims are legally valid can be an important part of protecting estate assets.

Distribution of Assets

After legal obligations have been satisfied, the remaining estate assets are distributed according to:

• The terms of a valid will, or

• Texas intestate succession laws when no will exists.

The goal is to ensure that every transfer complies with Texas law and that beneficiaries receive the property they are entitled to inherit.

Independent Administration vs. Dependent Administration in Texas

Texas offers more than one method of administering an estate.

Understanding the difference can significantly affect how long probate takes and how much court involvement is required.

Independent Administration

Texas strongly favors Independent Administration whenever possible.

Under Independent Administration, the executor can perform many estate duties without obtaining court approval for every action. This often results in:

• Lower legal costs

• Faster administration

• Less court involvement

• Greater flexibility for the executor

Many properly drafted wills specifically authorize Independent Administration because it streamlines the probate process for surviving family members.

Dependent Administration

Dependent Administration requires substantially more oversight by the probate court.

The administrator may need court approval before:

• Selling property

• Paying certain claims

• Distributing assets

• Completing other significant transactions

Because additional hearings and filings are often required, Dependent Administration can take longer and involve greater expense.

An experienced probate attorney can help determine which administration process applies and guide the estate through every required step.

Probate When There Is No Will

A common misconception is that probate only occurs when someone leaves a will.

In reality, many probate cases involve individuals who died without creating an estate plan.

When someone dies intestate, Texas law—not the family—determines who inherits the estate.

Depending on the family situation, heirs may include:

• A surviving spouse

• Children

• Parents

• Siblings

• More distant relatives

The court may also appoint an administrator to manage the estate instead of an executor.

Because Texas inheritance laws can become complex in blended families or situations involving multiple marriages, legal guidance can help prevent delays, disputes, and unnecessary complications.

Common Probate Challenges

While many probate matters proceed smoothly, others present legal or practical challenges that require experienced representation.

Some of the most common issues include:

Will Contests

Family members may challenge a will by claiming:

• Lack of mental capacity

• Undue influence

• Fraud

• Improper execution

Resolving these disputes requires careful legal analysis and, in some cases, courtroom advocacy.

Missing or Unknown Assets

Executors often discover additional property after probate has begun.

These assets may include forgotten bank accounts, retirement accounts, mineral interests, insurance proceeds, or real estate.

Proper investigation helps ensure all estate assets are identified and administered correctly.

Family Disagreements

Even close families can disagree during probate.

Disputes may arise over:

• Interpretation of the will

• Distribution of personal property

• Executor decisions

• Asset valuations

• Creditor claims

Clear legal guidance often helps resolve disagreements before they become costly litigation.

Creditor Claims

Executors must understand which creditor claims are enforceable under Texas law.

Paying invalid claims—or failing to address legitimate ones—can expose an executor to unnecessary liability.

Why Choose West & West, LLP for Probate Matters?

Probate involves more than completing court forms. It often comes during one of the most difficult periods a family will experience.

At West & West, LLP, Attorney Michael West works closely with executors, administrators, beneficiaries, and families to help them navigate the probate process with confidence and clarity.

Clients appreciate that they receive:

• Direct communication with Attorney Michael West

• Guidance tailored to their family’s circumstances

• Practical advice throughout every stage of probate

• Representation focused on resolving matters efficiently whenever possible

Whether an estate involves a straightforward probate proceeding or more complex legal issues, West & West, LLP is committed to helping clients understand their options and move the process forward with professionalism and compassion.