Estate Planning Services

Probate & Administration

What Is Probate & Administration?

Probate is the legal process used in Texas to transfer assets from a deceased person's name into the names of their beneficiaries or heirs. Administration refers to the work an executor or administrator performs to manage the estate during this process.

Probate typically involves:

The probate process is required when:

How We Help with Probate & Administration

We guide families through Texas probate proceedings efficiently, keeping costs reasonable and timelines as short as possible.

01

Determining Whether Probate Is Necessary

Not every estate requires probate. We review:

If probate can be avoided through small estate procedures or non-probate transfers, we explain those options.

02

Reviewing the Will and Estate Plan

If a will exists, we examine it to determine:

03

Filing with the Probate Court

We prepare and file the necessary application with the appropriate Texas probate court (typically in the county where the deceased person lived). We handle:

04

Securing Appointment

We represent the proposed executor or administrator at the court hearing. Once the court is satisfied that the person is qualified and the will is valid (if applicable), the judge issues:

05

Administering the Estate

After appointment, the executor or administrator must:

06

Distributing Assets and Closing the Estate

Once debts are paid and all requirements are met, we assist with:

Here's What Our Clients Are Saying

Rev. Amanda S.
Working with Tom Fortenberry has been an absolute blessing during the difficult time of handling my father's estate. He and his staff have exhibited professionalism, compassion, and expertise while alleviating so much stress for our family. Tom has gone above and beyond to ensure that my father's wishes have been honored and that the estate is being handled efficiently. I cannot recommend Silverleaf Legal Group enough for the sake of your family's future.
Tracy G.
Tom was incredibly professional, knowledgeable, and patient in answering all of my questions. He walked me through each step of the process, ensuring I fully understood my options and made the best decisions for my family and future.
Sheila W.
This law firm came to my rescue when I needed them in a situation where I had no clue on what or how to do what needed to be done. They were nice and very professional with a smile and reasonable. They got on my case right away and assured me that they had my back and not to worry and they took care of me in a quick time zone. And answered me back when I called or emailed as well as let me know what was going on step by step I was so pleased and thankful till I had to cry because I felt like a family member of theirs. I highly recommend them and I will certainly without a doubt use there services again.

Frequently Asked Questions

Independent administration allows the executor to manage the estate without ongoing court supervision—they don’t need court approval for each action. Dependent administration requires the executor to return to court for permission before selling property, paying debts, or making distributions. Independent administration is faster and far less expensive.

The most common way is for the deceased person’s will to include specific language appointing an “independent executor” or stating the executor should serve “free of court supervision.” If the will doesn’t include this language, all beneficiaries or heirs can agree in writing to allow independent administration, and the judge typically approves.

Independent probate typically takes four to eight months in most Texas counties. Dependent probate can take two to three years. Timelines vary based on estate complexity, family disputes, creditor issues, and court schedules.

Yes, in many cases. Assets can pass outside of probate through:

  • Beneficiary designations on financial accounts and life insurance
  • Transfer-on-death deeds for real estate
  • Joint ownership with survivorship rights
  • Revocable living trusts

If all assets pass through these mechanisms, probate may not be necessary.

Texas intestate succession laws determine who inherits. The deceased person’s spouse and children typically inherit, but the distribution depends on whether children are from the current marriage or previous relationships. The court appoints an administrator (rather than an executor) to manage the estate, and dependent administration is more likely.

No. Small estates with limited assets may qualify for simplified procedures like small estate affidavits. Estates where all property passes through beneficiary designations, joint ownership, or trusts generally don’t require probate.

The executor or administrator serves as the legal representative of the estate. Their responsibilities include:

  • Locating and securing estate assets
  • Notifying beneficiaries, heirs, and creditors
  • Paying valid debts and expenses
  • Filing tax returns if necessary
  • Distributing assets according to the will or Texas law
  • Providing accountings to beneficiaries and the court (in dependent administration)

Independent probate in Williamson County typically costs around $5,000 to $6,000, plus court filing fees. Dependent probate usually costs $15,000 to $20,000 or more due to additional court hearings and legal work. Complex estates, disputes, or contested wills increase costs.

Disputes can arise over will validity, executor selection, or asset distribution. In contested cases, the court may hold hearings to resolve disagreements. These situations increase costs and extend timelines significantly. Having a clearly drafted will and communicating your wishes to family members while alive can prevent many disputes.

Image of attorney Thomas D. Fortenberry speaking about estate planning at a seminar in Brushy Creek

Still Have Questions? Learn More at a Free Estate Planning Seminar.

Estate planning makes a lot more sense when you can ask questions in real time.

Silverleaf Legal Group hosts free educational seminars throughout Central Texas and East Texas where attorney Tom Fortenberry walks through the fundamentals — wills, trusts, powers of attorney, probate, asset protection, and long-term care planning — in plain English, with no sales pressure and no obligation.

These aren’t sales events. They’re the same education-first approach that shapes every client relationship at Silverleaf. Come learn, ask questions, and leave with a clearer picture of where you stand.