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Probate

If you’ve just lost a loved one, their estate may need to go through the probate process to transfer their assets to their heirs. Many times, the process can be mitigated or avoided entirely.

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Probate is a legal procedure that handles the transition of assets after a person’s death. Hunter Sargent, PLLC can suggest alternatives that will bypass the probate process, transfer your legacy with efficiency, and protect it against any claims. Learn more about our probate services below.

At Hunter Sargent, PLLC, we’ve helped countless clients protect their futures and secure their legacies. When you partner with us, you can rest easy knowing whatever life throws your way, we’ve made a plan to handle it. Call us at (940) 594-7754 to schedule a consultation today.

We get it: No one likes thinking about their mortality, much less planning for it.

That’s why so many families shy away from conversations about inheritance and fail to discuss how a loved one’s assets should be divided after their death. Instead, they avoid the topic and don’t revisit it until after a family member has passed away. Unfortunately, by the time they’re faced with the reality, certain legal processes are already in motion.

When someone dies with only a will in place (or dies intestate, meaning without a will), their estate, including all of their assets, property and liabilities, must go through a process called probate before being transferred to their beneficiaries. Although probate is helpful under some circumstances, it is also a time-consuming and potentially expensive process—and those aren’t the only drawbacks.

Probate proceedings are a matter of public record, meaning that anyone can access information about the decedent’s assets, debts and beneficiaries. But perhaps the biggest downside to probate is that it leaves heirs with very little control over their deceased loved one’s estate. In the end, the court has the final say about how all assets are distributed.

Luckily, families of the deceased aren’t entirely without recourse.

An experienced probate lawyer can help them navigate the process from start to finish, offering legal advice to beneficiaries, filing court documents, resolving creditor claims and more. Keep reading to learn everything you need to know about the probate process, types of probate and why working with an attorney may be in your best interest.

Is your recently deceased family member’s estate about to enter the probate process? You don’t have to go through it alone. Contact our trusted probate attorneys online to schedule a case evaluation today.

Some lawyers love probate because it makes them a lot of money and they get to go to court. However, probate should be avoided if possible (with very limited exceptions for special needs spouses). Probate in Texas is expensive (it usually costs more than probate alternatives), slow, and very public.

In Texas, a Will is not effective until it is probated. That means your Will must go through the entire probate process or your legacy will be out of your hands.

Proper estate planning prepared by an estate planning lawyer allows your beneficiaries to inherit your legacy without the cost and headache of the probate courts.

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Simply put, probate is a court-supervised procedure that handles a deceased person’s estate. If the deceased left a last will and testament or living trust, the process can be relatively simple: The court authenticates the will and approves an executor to distribute estate assets. In the absence of a will, however, things get more complicated.

Without documentation of the deceased’s wishes, it’s up to the court to decide how to handle and distribute the estate. As you can imagine, this can be a difficult and frustrating situation for surviving family members who believe they have inside knowledge into how probate assets should be handled. Establishing a thorough estate plan can make the probate process much easier, and in some cases, it allows probate to be bypassed altogether.


Whether or not an asset must pass through probate depends on the specific details of the deceased person’s estate. Typically, any undesignated assets that were solely owned by the deceased will be subject to probate, including the following:

  • Real estate, including houses, apartments, land and other types of real property
  • Bank accounts and investment accounts
  • Personal property, including cars, furniture, jewelry and other belongings
  • Business interests


Certain assets do not pass through probate, including property held jointly with the right of survivorship, as well as life insurance policies and retirement accounts with designated beneficiaries. Assets held in a living trust, payable-on-death account or transfer-on-death deed are also exempt from the probate process.


If you want to spare your loved ones from probate, the best thing to do is partner with an experienced estate planning attorney. Depending on the size and complexity of your estate, they may suggest several different strategies, including designating beneficiaries, establishing trusts, holding property jointly with another person or using a transfer-on-death deed.

Probate Litigation

When Is Probate Litigation Necessary?

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Probate Lawyer FAQs

Depending on the complexity and size of the estate in question, probate can be an especially trying process—especially when there are conflicts among beneficiaries. If you have questions about the probate process, it’s smart to contact a probate law firm right away. In the meantime, check out the answers to some of our most frequently asked questions.


A variety of factors affect the final cost of probate proceedings. In Texas, probate fees depend on statute, size of the estate and the county in which it takes place. The executor and administrator may be entitled to a fee, which is typically a percentage of the estate’s value. Your attorney will also charge a fee, the amount of which will depend on the attorney’s experience, the complexity of the case and the type of legal representation they provide to you.


There are three types of probate in Texas: independent administration, dependent administration and muniment of title. Whereas independent administration—the most common type of probate—allows an executor to oversee the estate’s distribution with minimal court supervision, dependent administration relies on court approval for most estate-related actions. Muniment of title is reserved for transferring real estate titles of the deceased, but only if no debts are owed by the estate, other than the mortgage. As a simplified probate process, muniment of title does not require an executor or the filing of inventory.


Probate can be filed by the executor named in the will, a family member or beneficiary, as well as by an interested party after submitting an application to probate court. In cases where the decedent left a will, their named executor will usually file for probate and manage the estate. In the absence of a will, the court appoints a manager for estate administration.


In order for someone to serve as an estate’s executor in Texas, that person must be at least 18 years old, a state resident and NOT a convicted felon. If a named executor is only ineligible because they are not a state resident, they must appoint a resident agent to accept legal papers on their behalf.


When you Google phrases like “best probate attorney near me,” you’ll find numerous legal options to choose from. The best way to narrow your selection is by looking for qualities like expertise, excellent communication and years of experience winning cases like yours. Most importantly, though, you need to find a probate lawyer who’s as skilled at listening as they are litigating. Luckily, you don’t have to look too far.

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The best time to plan your legacy was 10 years ago. The next best time is today. Everyone needs estate planning – the good news is it’s never too early and if you’re reading this, it’s not too late.

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    We'll prepare your will, trust, and business planning so you can rest easy knowing you've secured your legacy for generations to come. We have the wisdom and skill to plan legacies of all sizes.

    While this website provides general information, it does not constitute legal advice. Any communication with Hunter Sargent, PLLC via e-mail or through this website does not constitute or create an attorney-client relationship and is not privileged or confidential.