Texas Probate Services

Helping families handle probate with trusted legal guidance, practical advice, and more than 25 years of experience in Texas estate law.

Home › Practice Areas › Probate
Understanding Probate

Navigating Probate in Texas

Losing a loved one is difficult enough without worrying about probate. A simple mistake can delay the estate, increase costs, and create problems that could have been avoided with the right legal advice.

At The Borger Law Firm PLLC, we first determine if probate is even necessary. If it is, David Borger explains your options, prepares every required filing, and works to keep the process moving without unnecessary delays.

Texas probate law has its own rules and procedures. With more than 25 years of experience in estate and probate matters, David Borger helps families move through the process with confidence and clear legal guidance.

Get a Free Consultation
The Basics

What Is Probate?

Probate is the legal process of settling a person’s estate after they pass away. It allows the court to validate a will, identify estate assets, address debts, and transfer property to the appropriate beneficiaries under Texas law.

Every estate has different legal and financial circumstances. David Borger explains what to expect, prepares the required court filings, and helps avoid mistakes that often slow the probate process.

Validate the Will
Establishing the legal validity of the deceased person’s will in probate court.
Handle Debts & Taxes
Identifying and resolving all outstanding taxes and creditor claims against the estate.
Appraise the Estate
Determining the full value of the deceased’s assets and property holdings.

Debt and Creditor Claims

Identifying, locating, and cataloguing all property and assets belonging to the estate.

Inventory of Estate Assets

Transferring remaining assets and property to beneficiaries per the will’s instructions.

Call Now (832) 263-2100

Schedule Free Consultation
The Probate Process.

Our Step-by-Step Probate Process

While every probate case is unique, common steps exist in most proceedings. Our team walks with you through each stage, making sure nothing is missed and your family’s interests are protected.
Initial Fact Collection
Gathering key information and interpreting the deceased’s will to understand the estate’s scope and complexity.
Filing the Application
Submitting the probate application to the appropriate Texas court to formally initiate the legal process.
Court Hearing
Attending the hearing before the probate judge to establish executorship and confirm the will’s validity.
Debt & Creditor Payment
Notifying creditors, evaluating claims, and making approved payments from estate funds.
Asset Identification
Compiling a complete inventory of all real property, financial accounts, and personal property held by the estate.
Distribution to Beneficiaries
Transferring the remaining estate assets to heirs and beneficiaries in accordance with the will and Texas law.

Call Now (832) 263-2100

Get a Free Consultation
Your Options

Types of Probate in Texas

Texas offers several probate procedures, but choosing the wrong one can create unnecessary delays and expenses. David Borger reviews your situation and recommends the option that best protects your family’s interests.

CHOOSING THE RIGHT PATH

Choosing the right probate process early can save time, reduce unnecessary expenses, and help avoid common legal issues. We will explain your options before you make any decisions.

Independent Administration
The most common type, allowing transactions without court permission in most cases.
Dependent Administration
Involves high court supervision, requiring permission for various transactions.
Muniment of Title
Unique to Texas, this form transfers titles to heirs or beneficiaries without appointing an administrator.

Choosing The Right Path

Every estate presents unique legal and family circumstances. Experienced legal guidance helps reduce delays and procedural mistakes throughout the process.

Call Now (832) 263-2100

Schedule Free Consultation
Beyond the Courtroom

Alternatives to Probate

Probate is not required in every estate. Texas law provides several alternatives that may allow assets to transfer with less court involvement, saving both time and expense. David Borger reviews every available option before recommending probate, helping families avoid unnecessary legal proceedings whenever possible.

  • Affidavits of Heirship
  • Family Settlement Agreements
  • Payable on Death (POD) Accounts
  • Revocable Living Trusts
  • Transfer on Death (TOD) Accounts
  • Small Estate Affidavits
  • Joint Ownership of Property

Call Now (832) 263-2100

Schedule Free Consultation
Years
0 +

Experience

Cases
0 +
Successfully Resolved

David Borger
Texas Probate Attorney

For more than 25 years, David Borger has helped families across Texas with probate, estate administration, and other estate planning matters. He provides straightforward legal advice, clear communication, and personal attention from the beginning of your case through its resolution.

  • State Bar of Texas
  • Member, Texas Bar College
  • Member, Harris County Bar Association
  • Member, Montgomery County Bar Association
  • Member, Travis County Bar Association
  • Member, Dallas and Tarrant County Bar Associations
  • Former Board Member,  Montgomery County Bar Association
Schedule Free Consultation

Frequently Asked Questions

Probate often raises important legal questions for executors and families. Below are answers to common concerns about the probate process, timelines, and responsibilities under Texas law.

How long does probate take in Texas?

Every probate case is different. A straightforward probate may take several months, while estates involving disputes, multiple beneficiaries, or complex assets can take longer. During your consultation, we’ll explain what to expect based on your situation and the type of probate involved.

No. Some estates qualify for alternatives that avoid formal probate. The type of assets, how they are titled, and whether a valid will exists all play a role. We can review your situation and determine if probate is necessary.

If a person passes away without a valid will, Texas intestacy laws determine who inherits the estate. The court may appoint an administrator to manage the estate and distribute assets according to state law.

In some cases, yes. Options such as living trusts, payable on death accounts, transfer on death deeds, small estate affidavits, and other estate planning tools may allow certain assets to pass without formal probate.

If available, bring the original will, the death certificate, any trust documents, property information, financial records, and any court paperwork you have received. If you do not have all of these documents, don’t worry. We can explain what is needed during your consultation.

While some probate cases may appear straightforward, the legal process can quickly become complicated when dealing with court requirements, creditor claims, property transfers, or family disputes. A probate attorney helps ensure the estate is handled properly, deadlines are met, and costly mistakes are avoided.
READ MORE FAQs

or

Call Now (832) 263-2100

Speak With a Texas Probate Attorney Today

If you need help starting probate, administering an estate, or resolving a probate issue, speak with David Borger before mistakes create unnecessary delays or expense.