Kingwood & Houston Probate Attorney

Expert Guidance Through Every Step of the Probate Process

Compassionate Legal Support During Life’s Most Difficult Transitions

Losing a loved one is never easy, and navigating the complex probate process shouldn’t add unnecessary stress to an already challenging time. At McNamara Lawyers, our experienced probate attorneys provide comprehensive legal support to help families efficiently settle estates, whether you’re dealing with a straightforward will or facing contested proceedings. With nearly two decades of specialized probate experience, we guide you through every step with expertise, compassion, and unwavering dedication to protecting your interests.

Understanding Texas Probate: Your Complete Guide

The Probate Process Explained

Probate is the legal process through which a deceased person’s assets are properly distributed to heirs and beneficiaries according to their will or, if no will exists, according to Texas intestacy laws. This court-supervised process ensures debts are paid, taxes are settled, and remaining assets are distributed correctly.

With a Valid Will: The probate process begins by admitting the will to court, validating its authenticity, and appointing the named executor. Once appointed, the executor receives “letters testamentary” – the legal authority required by banks, investment companies, and other institutions to transfer assets to beneficiaries.

Without a Will (Intestate): When someone dies without a valid will, Texas intestacy laws determine how assets are distributed. This process is typically more complex and expensive than probating a valid will, often resulting in distributions that don’t reflect the deceased’s actual wishes.

Critical Probate Deadlines in Texas

Four-Year Filing Deadline: Texas law requires probate proceedings to be initiated within four years of death. Missing this deadline can create significant complications and may prevent families from accessing important assets. Don’t let time run out – contact our office immediately if you’re approaching this deadline.

Comprehensive Probate Services

Uncontested Probate Administration

Streamlined Process for Straightforward Estates

When beneficiaries agree on estate distribution and the will is clear, our attorneys efficiently guide you through the probate process. We handle all court filings, creditor notifications, asset inventories, and final distributions, ensuring compliance with Texas law while minimising delays and costs.

Our services include:

• Will validation and court admission
• Executor appointment and qualification
• Asset identification and valuation
• Creditor notification and debt settlement
• Tax return preparation and filing
• Final asset distribution to beneficiaries

Contested Probate Litigation

Aggressive Representation When Disputes Arise

Not all probate proceedings go smoothly. When family members disagree about will validity, executor qualifications, or asset distribution, you need experienced litigation attorneys who will fight for your rights. We represent clients in all types of probate disputes, including will contests, executor removal proceedings, and beneficiary disputes.

Independent vs. Dependent Administration

Texas offers two types of probate administration. Independent administration allows executors to settle estates with minimal court supervision, making it faster and less expensive. Dependent administration requires court approval for most actions, providing additional oversight but increasing time and costs. We help determine the best approach for your situation and advocate for the most efficient process possible.

Intestate Estate Administration

When someone dies without a will, their estate must still go through probate. Texas intestacy laws dictate asset distribution, which may not align with what the deceased would have wanted. For example, if someone dies with children from multiple marriages, complex distribution rules apply that can significantly impact the surviving spouse’s inheritance. Our attorneys navigate these complexities to ensure proper administration under state law.

Avoiding Common Probate Pitfalls

The “Double Probate” Trap

One costly mistake occurs when a surviving spouse inherits assets but never probates their deceased spouse’s estate. Later, when the surviving spouse dies, both estates may need to be probated to transfer assets to the next generation, doubling legal costs and delays. We help families avoid this expensive trap through proper planning and timely action.

Asset Inventory Requirements

Most probate proceedings require a comprehensive inventory of estate assets. However, when probating a valid will with no unsecured creditors, an affidavit may be filed instead, simplifying the process and reducing costs. Our attorneys know when these alternatives are available and use them to your advantage.

Alternatives to Probate in Texas

Non-Probate Asset Transfers

Many assets can transfer outside of probate through proper planning:

• Beneficiary Designations: Bank accounts, retirement plans, and life insurance policies can pass directly to named beneficiaries
• Transfer-on-Death Deeds: Real estate can transfer automatically to designated beneficiaries without probate
• Joint Ownership: Jointly owned assets typically pass to surviving owners

Important Limitations: Real property and individually-owned stocks generally cannot avoid probate without specific planning tools like transfer-on-death deeds or trust ownership.

Why Choose McNamara Lawyers for Probate Matters?

Unmatched Experience: With nearly 20 years of exclusive focus on probate law and three years as a Harris County Probate Court staff attorney, our lead attorney brings insider knowledge of how probate courts operate and what makes cases successful.

Proven Track Record: Having examined over 40-50 wills weekly during his time with the probate court, our attorney understands the nuances that can make or break a probate proceeding.

Personal Understanding: Having served as both an administrator and guardian, our attorney understands firsthand the challenges executors face and provides practical guidance based on real-world experience.

Comprehensive Support: Whether your case involves a simple will probate or complex litigation, we provide full-service representation from initial filing through final distribution.

Local Expertise: Primarily practicing in Harris and Montgomery Counties, we know local court procedures, judges, and court personnel, ensuring efficient case handling.

Don’t Wait – Time is Critical

Texas probate law imposes strict deadlines that can forever bar your rights if missed. Whether you need to probate a loved one’s estate, are facing a will contest, or have questions about your rights as a beneficiary, immediate action is essential.

Contact McNamara Lawyers today for a comprehensive probate consultation. Let our experience guide your family through this challenging time while protecting your interests and ensuring your loved one’s final wishes are properly honored.