SEASONED & TRUSTED
Experienced Probate Attorneys Helping Houston Families Move Forward
Losing a family member is difficult. Dealing with courts, property, creditors, wills, and family responsibilities can make an already emotional time even harder.
The Fealy Law Firm, PC helps families, executors, administrators, heirs, and beneficiaries navigate the Texas probate process with confidence.
If you have questions about a loved one’s estate, you do not have to figure everything out alone.
Free consultation with an experienced Houston probate lawyer.
Whether the estate involves a valid will, no will at all, disputed assets, creditor claims, or disagreements between family members, our firm can help you understand your options.
- Our Location
Houston, Texas
- Free Consultations
713-526-5220
When an estate needs immediate attention, getting legal guidance early can help prevent unnecessary delays, disputes, and costly mistakes.
Comprehensive Probate Law Services in Houston, Texas
Probate is the court-supervised legal process used to address a deceased person’s estate. Depending on the circumstances, it may involve proving a will, identifying heirs, appointing an executor or administrator, addressing debts, and distributing property.
However, every estate is different.
Some probate cases move relatively smoothly. Others involve unclear documents, significant property, business interests, competing heirs, creditor claims, or disagreements among family members.
The Fealy Law Firm provides legal guidance throughout the probate process. Our Houston probate attorneys help clients understand what needs to happen and what steps should come next.
Our probate law services may include:
Why Houston Families Choose The Fealy Law Firm
- More than 30 years of legal experience
- Personalized attention to your individual situation
- Experienced representation for executors and beneficiaries
- Probate administration and probate litigation services
- Clear explanations throughout the legal process
- Representation for straightforward and complex estates
- Houston-based representation with the ability to assist clients across Texas
- Free initial consultations
Probate With a Will
When someone leaves a valid will, the document generally identifies who should receive estate property and who should serve as executor.
However, having a will does not necessarily eliminate probate.
The will may need to be submitted to the appropriate Texas court. In addition, the executor may need court authority before accessing certain accounts, transferring assets, selling property, or completing other estate responsibilities.
Our firm can guide executors through this process while helping them fulfill their legal obligations.
Probate Without a Will
When someone dies without a valid will, Texas intestate succession laws determine who may inherit the estate.
These cases can become complicated, especially when the deceased person had children from different relationships, multiple family members, significant property, or unclear ownership interests.
A probate attorney can help determine the appropriate legal process for identifying heirs and administering the estate.
Executor and Administrator Representation
Being named executor of an estate can feel overwhelming.
Executors and court-appointed administrators may have significant legal responsibilities. Those responsibilities can include gathering assets, notifying interested parties, addressing creditor claims, managing property, maintaining records, and distributing estate assets.
The Fealy Law Firm helps estate representatives understand those responsibilities and properly navigate the probate process.
Beneficiary and Heir Representation
Beneficiaries also have important rights during probate.
Questions may arise about how an executor manages estate property, whether assets have been properly accounted for, or whether distributions are being handled correctly.
Our firm can represent beneficiaries and heirs who need guidance or believe their interests may require legal protection.
Probate Litigation and Estate Disputes
Not every probate case is uncontested.
Disputes can arise regarding a will’s validity, the interpretation of estate documents, the actions of an executor, ownership of assets, creditor claims, or the distribution of property.
When disagreements become serious, experienced representation can become especially important.
The Fealy Law Firm handles probate litigation and can represent fiduciaries, beneficiaries, and other interested parties when an estate dispute requires legal action.
Creditor Issues and Estate Debts
Outstanding debts do not simply disappear when someone passes away.
The estate may receive claims from creditors, and those claims must be addressed according to Texas law before certain assets can be distributed.
Executors should understand which claims require payment, which may be disputed, and how debts can affect the administration of an estate.
Our firm’s extensive background in complex financial matters provides valuable experience when probate intersects with creditor and debt issues.
Houston Probate Lawyer FAQ
How long does probate take in Texas?
There is no single timeline for every Texas probate case. A relatively straightforward, uncontested estate may move much faster than an estate involving disputes, creditor problems, complicated property, or difficulties identifying heirs.
Your probate attorney can evaluate the estate and provide a better understanding of what may be required.
What happens if someone dies without a will in Texas?
When someone dies without a valid will, they are considered to have died intestate. Texas law then determines which relatives may inherit estate property.
The court may also need to formally determine the person’s heirs and appoint someone to administer the estate.
Does having a will mean probate is unnecessary?
Not necessarily.
A will provides important instructions regarding the deceased person’s wishes. However, many estates with wills still require some form of probate proceeding before property can be legally transferred.
What does an executor do?
An executor is responsible for administering an estate according to the will and applicable Texas law.
Responsibilities can include locating property, protecting estate assets, addressing creditor claims, maintaining financial records, communicating with beneficiaries, and distributing property.
Can an executor be challenged?
Yes. Executors and administrators have legal responsibilities to the estate and its beneficiaries.
If someone believes a fiduciary has mismanaged assets, failed to provide required information, improperly distributed property, or violated a legal duty, the issue may result in probate litigation.
Can a will be contested in Texas?
Certain interested parties may challenge a will under appropriate circumstances.
Will contests can involve allegations concerning capacity, undue influence, fraud, improper execution, competing wills, or other issues affecting the document’s validity.
Because these cases can become complex quickly, parties involved in a potential will contest should seek legal advice as early as possible.
What happens to debts when someone dies?
Debts may become claims against the deceased person’s estate.
The executor or administrator must follow applicable Texas procedures when evaluating and addressing creditor claims. Beneficiaries should generally not receive distributions until required estate obligations have been properly handled.
Do I Need a Probate Lawyer in Texas?
Many people contact our firm because they are unsure whether probate is even necessary. That is a reasonable question.
Not every asset passes through probate. Certain trusts, beneficiary-designated accounts, jointly owned assets, and other property may transfer outside the probate process.
Additionally, Texas law offers different procedures depending on the circumstances surrounding an estate. However, probate becomes more complex when:
- Family members disagree about an estate
- There is no will
- The validity of a will is questioned
- Multiple heirs are involved
- The estate owns real estate
- The deceased person owned a business
- Significant debts or creditor claims exist
- Assets are difficult to locate
- Someone challenges the executor's actions
- The executor is unsure about their legal responsibilities
- Estate property is located in multiple counties
- A beneficiary believes estate property is being mishandled
Speaking with a probate attorney early can help you determine which process applies before important decisions are made.
Get Answers From an Experienced Houston Probate Attorney
Attorney Fealy understands the stress having debt you cannot pay can put on you, your family, or your business. We have strategies for business owners that can help you stay open and keep operating while you work towards profitability. If you are an individual in debt, and you worry about your family “losing everything” in bankruptcy, we can put those fears to rest. Many of your most important and necessary belongings, like your home, retirement savings, vehicle, and furniture, may be exempt from liquidation.