Probate & Estate Administration in Tarrant County
Find the Probate Path That Fits the Estate
Probate may be needed to transfer assets, settle estate administration matters, or establish someone’s authority to act for an estate. Holland McGill Law, PLLC guides Tarrant County families through the proceeding that fits the will, assets, debts, and family circumstances involved.
We handle probate administration, inheritance matters, and probate litigation. Our probate attorneys represent executors, beneficiaries, and heirs in routine administration and contested proceedings.
Discuss the estate with a probate attorney in Tarrant County by calling (817) 934-5922.
Probate Options for Estates with a Will
The Independent Executor named in a will typically hires the lawyer and applies to the court. We handle Letters Testamentary proceedings, which seek the legal authority an executor may need to collect probate assets and fulfill estate responsibilities. The appropriate path depends partly on how the deceased person owned each asset.
Assets that commonly affect the probate decision include:
- Non-probate assets: Retirement accounts, life insurance policies, payable-on-death accounts, and right-of-survivorship accounts with valid beneficiary arrangements typically transfer without a court order.
- Probate assets: Real property and bank accounts without payable-on-death designations generally require a court order before they can transfer.
We also handle Muniment of Title proceedings. This option may be available when the estate has no unpaid debts other than liens secured by real estate. It doesn’t appoint an executor or require ongoing estate administration, so it involves fewer steps and costs less than a Letters Testamentary proceeding. It isn’t appropriate for every estate.
Determination of Heirship for Intestate Estates
When someone dies without a will, the estate is intestate. Its property passes according to the Texas law of descent and distribution rather than the deceased person’s unwritten preferences. We handle Determination of Heirship proceedings that ask the court to identify the legal heirs.
These proceedings require an attorney ad litem, a neutral lawyer appointed to investigate and locate unknown heirs. The attorney ad litem doesn’t represent one family member’s position. This court-required role is separate from the legal representation obtained by an estate applicant or interested party.
We also advise clients about inheritance law and represent executors, beneficiaries, and heirs in probate litigation. Contested matters may involve disputes over heirship, estate administration, or rights to property. Litigation is distinct from the filings and hearings required to administer an uncontested estate.
Tarrant County Probate Courts, Deadlines & Filing Costs
Tarrant County has two statutory probate courts, Probate Court No. 1 and Probate Court No. 2, at the Tarrant County Courthouse. Their jurisdiction includes the probate of wills, decedents’ estates, intestate estate administration, determinations of heirs, guardianships, trust interpretation, and estate-related civil litigation.
Texas probate matters generally require attorney representation throughout the process, whether the deceased person left a will or died intestate. A will generally must be offered for probate within four years after the testator’s death. The testator is the person who made the will. After the fourth anniversary, an applicant generally must establish that they weren’t at fault for the delay.
Late probate can limit the relief available and affect whether executor authority may be issued. Families shouldn’t assume that an older will is unusable, but they should obtain advice promptly about the deadline and available options under the Texas Estates Code.
We handle Small Estate Affidavits when an estate qualifies for that procedure. The Tarrant County filing fee for a new Small Estate Affidavit is $404. This is a court filing fee, not a quote for legal services or other estate expenses. Total cost and duration depend on the assets, debts, disputes, and required proceeding.
What to Expect During Probate Administration
An initial consultation helps identify the estate’s legal and practical needs. We review the will, asset ownership, and relevant family circumstances. We offer in-person meetings and appointments by telephone or Zoom.
Depending on the estate, our work may include:
- Determining whether assets require a probate court order.
- Selecting probate administration, Muniment of Title, an heirship proceeding, a qualifying affidavit procedure, or another available option.
- Preparing court filings and attending a required hearing.
- Obtaining court authority and completing applicable administration responsibilities.
Some estates require more court involvement than others. A dependent estate representative operates under court supervision and must submit annual accountings. We provide probate guidance at reasonable costs while addressing the requirements of the particular proceeding. If a dispute develops, we can also handle the resulting litigation.
Choose the Appropriate Path for the Estate
Executors and family members don’t need to identify the appropriate filing before seeking advice. We can assess whether the circumstances call for estate administration, a streamlined procedure, an heirship determination, or contested representation. Our contact page outlines how to reach us, and appointments are available in person, by telephone, or through Zoom.
Call (817) 934-5922 to speak with our probate lawyers serving Tarrant County.
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