Families in Houston often start by asking whether probate is even required. The answer turns on what the person owned, how it was titled, and Texas law. Below is general background to help you have a productive first call with a licensed Texas attorney.
Texas probate basics (general summary)
Harris County has statutory probate courts that handle estates. Texas's independent administration keeps court involvement light when the will allows it or the heirs agree, and small-estate and muniment-of-title procedures may apply in some situations. Consult a licensed Texas attorney about which applies to your family.
Every estate is different, and rules, thresholds, and deadlines change. Nothing here replaces advice from a licensed Texas attorney who has reviewed your situation.
Fees and how to choose
Fees. Expect one of three structures: hourly with a retainer, a flat fee for a straightforward estate, or, where state law provides for it, a percentage of the estate. We do not publish dollar figures because they vary by state, county, and complexity. The estate typically pays.
Choosing well. Check the Texas bar website for license status and discipline. Ask how many estates they handled last year, whether they have dealt with your situation (no will, out-of-state executor, disputes), and how they communicate.
Timeline
Uncontested estates commonly take six months to a year or more, largely because of mandatory creditor notice periods and court scheduling. Simplified procedures for smaller estates can be much faster. Disputes, real estate in more than one state, and tax issues extend the process.
The house and its contents. Do not dispose of contents until someone has authority to act. Then see our pages on estate cleanout in Houston and estate sales in Houston.
How attorneys appear on Estate Next Steps
We do not refer clients to attorneys or accept per-lead payments for legal services. Attorneys listed for Houston pay a flat advertising fee for a clearly labeled featured listing. We do not rate or rank attorneys. Verify any attorney's license with the Texas bar before engaging them.