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Do You Need an Attorney for Probate in Texas? Here’s What You Need to Know

When a loved one passes away, one of the first questions many families ask is:
“Do I need an attorney for probate?”

Probate—the legal process of validating a will and settling an estate—can seem intimidating and unfamiliar. Some people think they can manage it on their own, especially for smaller estates. Others quickly discover that the process is more complicated than expected.

At The Lange Firm, we help individuals and families throughout Texas navigate probate with clarity, efficiency, and legal peace of mind. In this guide, we break down when a probate attorney is legally required, when it’s highly recommended, and what happens if you try to do it yourself.

Table of Contents

• What Is Probate in Texas?

• Do You Legally Need an Attorney for Probate?

• When Can You Handle Probate Without a Lawyer?

• Why You Should Hire a Probate Attorney

• Risks of Handling Probate Without Legal Help

• How Much Does a Probate Attorney Cost in Texas?

• Types of Probate Proceedings in Texas

• How The Lange Firm Can Help

• Final Thoughts

• Related Blogs for Further Reading

What Is Probate in Texas?

Probate is the court-supervised legal process that occurs after someone dies. It involves:

• Proving the validity of a will (if one exists)

• Appointing an executor or administrator

• Identifying and collecting assets

• Paying debts and taxes

• Distributing property to heirs or beneficiaries

Even if your loved one had a will, you must go through probate before you can legally manage or transfer their estate.

Do You Legally Need an Attorney for Probate?

✅ Yes—in most cases in Texas.

Texas courts require most non-attorney individuals to hire a licensed attorney to represent them during probate. This is because:

1. The estate is considered a separate legal entity

2. Only a licensed attorney can represent another legal entity in court

3. Non-attorneys can only represent themselves—not the estate or other heirs

So, if you’re not the only heir and you’re not a licensed attorney, you must have legal representation.

📌 The only exception is when you’re the sole heir and there’s no conflict or complexity. Even then, it’s risky to go it alone.

When Can You Handle Probate Without a Lawyer?

While rare, you might be able to handle probate without an attorney if:

• There is no will and you are the only legal heir

• The estate is small and qualifies for a Small Estate Affidavit

• You’re using a Muniment of Title and there are no debts

• There is no real estate involved

• You are comfortable navigating court filings and legal procedures

Even in these limited cases, you must be cautious—a mistake could cost you far more than hiring a probate attorney would have.

Why You Should Hire a Probate Attorney

Even when not legally required, hiring a probate attorney is strongly recommended. Here’s why:

✅ 1. Legal Complexity

Probate law in Texas is nuanced and full of deadlines, required notices, and technical forms. One misstep can delay the process or expose you to liability.

✅ 2. Family Conflict

An experienced probate lawyer can act as a neutral third party to help avoid disputes between heirs or beneficiaries.

✅ 3. Debt Management

A lawyer ensures creditor claims are handled properly and that you don’t pay debts you’re not required to pay.

✅ 4. Asset Transfers

Title companies, banks, and the IRS often require attorney-drafted documents before they’ll cooperate.

✅ 5. Court Representation

Only licensed attorneys can appear in probate court. If a hearing is required, you’ll need legal representation.

✅ 6. Peace of Mind

Probate is stressful—especially while grieving. A lawyer gives you confidence that things are being handled legally and ethically.

Risks of Handling Probate Without Legal Help

If you try to navigate probate without an attorney, you risk:

• Filing incorrect documents that the court rejects

• Missing deadlines for notices or tax filings

• Paying heirs before creditors, which could result in personal liability

• Failing to identify all assets, leaving the estate incomplete

• Disputes or lawsuits from other heirs or creditors

• Losing property value through delays

📌 In short, probate is not the place for DIY lawyering. The risk far outweighs the cost savings in most cases.

How Much Does a Probate Attorney Cost in Texas?

Probate attorney fees vary based on:

• The size and complexity of the estate

• Whether the will is contested

• The type of probate required

• Whether real estate is involved

✅ Common Fee Structures:

• Flat-fee probate packages for simple, uncontested estates

• Hourly rates for more complex or contested cases

• Percentage-based fees (less common in Texas than in other states)

At The Lange Firm, we offer transparent pricing and customized solutions to fit your needs and budget.

Types of Probate Proceedings in Texas

There are multiple types of probate in Texas, and the one you use may affect whether an attorney is required:

✅ Independent Administration

Most common. Involves less court supervision but still requires proper filings and notice.

✅ Dependent Administration

Court oversight for every action—almost always requires an attorney.

✅ Muniment of Title

Simplified process when the only asset is real estate and there are no debts.

✅ Small Estate Affidavit

For estates under $75,000 (not including the homestead). No attorney required, but still must be filed properly.

✅ Heirship Proceedings

When someone dies without a will, a court determines the legal heirs. This process requires an attorney.

How The Lange Firm Can Help

At The Lange Firm, we guide executors, administrators, and families through probate from start to finish.

Our services include:

• Filing for letters testamentary

• Navigating intestate succession

• Managing court notices and deadlines

• Identifying and valuing estate assets

• Resolving will contests or heirship disputes

• Filing final tax returns and closing the estate

We serve clients across Sugar Land, Houston, and Fort Bend County, offering clear communication, transparent pricing, and compassionate support.

📞 Contact us today to schedule a probate consultation and learn whether legal representation is right (or required) for your case.

Final Thoughts

So, do you need an attorney for probate in Texas?

✅ In most cases, yes—either because the law requires it or because the process is too complex to manage alone.

Trying to probate an estate without legal help is like sailing without a map. Let The Lange Firm be your guide. We’ll help you meet all legal requirements, avoid costly mistakes, and carry out your loved one’s wishes with dignity and efficiency.