Probate in Houston: Why Doing It Alone Is a Bad Idea

September 8, 2025
Probate in Houston

Probate is most probably one of the most complicated tasks to manage after a loss. It’s paperwork, court dates, and family drama at the worst possible time. Some folks think they can handle it themselves to save money. But that’s a bad move.

If you’re in Houston, here’s why you need a probate attorney and what happens if you don’t hire one.

Texas Probate: The Nuts and Bolts

When someone dies, their estate doesn’t just magically transfer to heirs. The courts get involved, and that’s where probate comes in. In Texas, the process can be straightforward or a complete nightmare, depending on the situation.

When Probate Can’t Be Avoided

You’re probably stuck dealing with probate if:

  • There’s a will (yes, even with a will, you still need probate)
  • No will exists (intestate succession—Texas decides who gets what)
  • The deceased owned property in their name only
  • Creditors are circling like vultures

The Paths Through Texas Probate

Texas offers different probate routes – picking the wrong one can waste time and money. Here’s how they break down:

  1. Independent Administration – The easiest route. The executor handles everything without the court micromanaging every step.
  2. Dependent Administration – The court supervises everything. Slow, expensive, and usually only happens when family members are fighting.
  3. Muniment of Title – A shortcut for small estates where the will isn’t being contested.

Without a lawyer, you won’t know which path to take—and taking the wrong one wastes time and money.

What a Houston Probate Attorney Does (That You Can’t)

Probate attorneys aren’t just paper-pushers – they solve problems most people don’t even know exist. Here’s what they handle that you realistically can’t:

  1. They Deal with the Courts So You Don’t

    Have To

Probate means filings, hearings, and deadlines. Miss one, and the process drags on for months longer than it should. A lawyer keeps everything moving.

  1. They Find (and Protect) Assets You Didn’t Know Existed

Most people don’t realize what’s actually in an estate. Hidden accounts, old life insurance policies, even forgotten safety deposit boxes—an attorney tracks it all down before it disappears.

  1. They Shut Down Frivolous Will Challenges

That cousin who never visited suddenly claims the will is fake? A probate lawyer buries those arguments fast.

  1. They Handle Creditors the Right Way

Not all debts have to be paid. Some are past the statute of limitations. A lawyer knows which bills to ignore and which ones to settle.

  1. They Keep the Family From Killing Each Other

Money makes people crazy. A probate attorney acts as the referee so you don’t end up in a years-long court battle.

The Cost of Not Hiring a Probate Lawyer

Think you’re saving money by DIY-ing probate? Think again.

Mistakes That Will Cost You

  • Missing deadlines → Probate drags out, legal fees pile up
  • Improper asset distribution → You could be personally liable
  • Failing to notify creditors → They can come after you later

The Emotional Toll

You’re grieving. The last thing you need is bureaucratic red tape and family arguments. A lawyer handles the headaches so you don’t have to.

Choosing the Right Houston Probate Attorney

Not all lawyers are cut equally to handle probate. Here’s what matters:

  1. Texas-Specific Experience

Probate laws vary by state. You need someone who knows Texas courts inside and out.

  1. A No-BS Approach

You want a lawyer who tells it straight—no sugarcoating, no dragging things out to bill more hours.

  1. Clear Fees Upfront

Some charge flat fees, others hourly. Get it in writing before you hire them.

  1. Actually Returns Your Calls

If they take a week to respond now, imagine how bad it’ll be once they have your money.

For a probate attorney who gets results, get legal guidance from a top Houston probate attorney at Troy Moore Law.

Real-World Probate Disasters (And How a Lawyer Fixes Them)

You might think probate is just paperwork – until these common nightmares happen. Here’s what actually goes wrong and how attorneys clean up the mess:

  1. The “Lost” Will

A family member “finds” a new will leaving everything to them. A lawyer verifies its authenticity and shuts down fraud fast.

  1. The Long-Lost Heir

Someone no one’s seen in 20 years shows up demanding their share. A probate attorney verifies claims and protects legitimate heirs.

  1. The Business Owner’s Messy Estate

If the deceased owned a business, probate gets complicated fast. A lawyer untangles partnerships, buyouts, and tax issues.

  1. The House That Nobody Can Sell

Joint ownership, liens, or heir disputes can freeze real estate transactions. An attorney clears the title so the property can be sold.

How to Make Probate Less Painful

Probate will never be fun, but these practical steps can prevent unnecessary headaches. Here’s how to minimize the stress and delays:

  1. Get Your Documents in Order

Make sure you have the following pertinent papers at hand:

  • Original will (if one exists)
  • Death certificates (get multiple copies)
  • List of assets and debts
  • Tax returns

  1. Notify the Right People

Banks, credit card companies, and government agencies all need to be contacted — the right way.

  1. Let a Lawyer Do the Heavy Lifting

Court filings, creditor notices, and asset transfers are where mistakes happen. A probate attorney handles it all.

  1. Close the Estate Properly

Skipping this step can leave you personally liable for problems later. A lawyer makes sure everything’s wrapped up cleanly.

Final Word: Just Hire a Lawyer

Probate isn’t something you “figure out as you go.” One misstep can cost you thousands or land you in court for years. A Houston probate attorney knows the system and gets it done right—the first time.

Don’t gamble with an estate. Get legal guidance from a top Houston probate attorney at Troy Moore Law. The money you “save” by not hiring a lawyer isn’t worth the trouble it’ll cause.