Probate Lawyer in Texas

Navigating Probate in Texas with M&P Law Offices

Losing a loved one is never easy. Dealing with their estate shouldn’t add to the burden. At M&P Law Offices, we provide compassionate and expert guidance to families navigating the probate process in Texas.

We’re dedicated to making this difficult time as smooth as possible, ensuring your loved one’s legacy is honored and their wishes are fulfilled.

Zach Pettigrew has been outstanding for me and my family for years! Honest and straightforward has been my experience with M and P. Zach has always expressed risk vs reward clearly. He’s always been the level head in the room. You’re going to get big city law firm confidence for a fair, reasonable price!

– Ricky Smith (Google Review)

August 2022

What is Probate in Texas?

Probate is a legal process supervised by the court that manages and distributes the estate of a deceased person (the decedent).

This process validates the will (if one exists), identifies and inventories assets, pays outstanding debts and taxes, and finally distributes remaining assets to rightful heirs.

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last will and testament white printer paper

Probate is the court process of validating and executing the will.

Why Choose Informal Probate in Texas?

Texas offers both formal and informal probate options. In many cases, informal probate presents a streamlined and efficient approach, especially when:

A Valid Will Exists: A clear, legally sound will outlining asset distribution simplifies the process significantly.
Heirs are in Agreement: When all beneficiaries agree on the will’s terms, the potential for disputes and complications is minimized.
Straightforward Assets: Estates primarily composed of bank accounts, personal property, and real estate, without complex business interests or significant debts, benefit from informal probate’s streamlined nature.
Small Estates: Informal probate offers a more cost-effective and less time-consuming solution for estates with modest asset values.

The Informal Probate Process in Texas

We guide you through every step of the informal probate process:

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Step 1: Filing an Application

We file an application for informal probate with the probate court in the appropriate Texas county, providing all necessary documentation.

Step 2: Submitting the Will

If a will exists, we submit it to the court for review, ensuring it meets all legal requirements for validity.

Step 3: Appointment of Personal Representative

We guide you through the appointment of a personal representative (executor) who will manage the estate’s affairs.

Step 4: Notice to Heirs & Creditors

We ensure all heirs, beneficiaries, and creditors are properly notified of the probate proceedings, adhering to legal timelines.

Step 5: Inventory & Appraisal

We meticulously inventory the estate’s assets and arrange for professional appraisals when needed, providing a clear picture of the estate’s value.

Step 6: Settlement of Debt & Taxes

We diligently handle the payment of valid debts, taxes, and any outstanding financial obligations of the estate.

Step 7: Distribution of Assets

We oversee the fair and accurate distribution of remaining assets to the rightful beneficiaries as outlined in the will or according to Texas intestacy laws.

Step 8: Closing the Estate

Upon completion of all requirements, we file the necessary documents with the court to officially close the estate.

Client Testimonials

I had a few legal questions, and I wasn't sure if my situation would require me to hire an attorney. I decided to call the Marshiano Law group and … More see if they could advise me on what to do. I talked with Tony Marshiano and was so impressed with his kindness and patience as I explained my dilemma. He could have easily convinced me that I needed to retain him, but instead he felt that my situation could be resolved without a lawyer and gave me a few pointers on what I could do. I can't thank him enough for his honesty and for taking the time to listen. If I ever need to retain an attorney in the future, I will definitely call him.
★★★★★ Oct 2025 Sandra Healy
Tony came highly recommended, and after speaking with him I understand why. He was so easy to talk to, gave me trustworthy guidance about handling a parent’s … More estate, and I’ll definitely be using him in the future for my own estate planning. I won’t hesitate to send friends and family his way.
★★★★★ Aug 2025 C Bogue
I contacted Marshiano Law Group in hopes of getting some more legal information regarding my housing situation. I had been on the phone all morning with … More different firms trying to find someone who would listen and be willing to help me out, but I was having no luck. When I called Marshiano Law Group, Anthony Marshiano the managing attorney answered my call directly. Even though he doesn't normally deal with cases like mine and he had no obligation to help, he sat and listened to my situation and gave me the information I had been seeking for all morning. He was incredibly kind and our conversation relieved so much of my anxiety regarding my situation. I'm extremely grateful to have found their contact info, and if you are looking for an attorney I highly recommend Marshiano Law group!!
★★★★★ Oct 2025 Makenzie Lundeen
I had put off estate planning for years because it just felt overwhelming. But after a family member recommended Tony Marshiano, I decided to give him … More a call. He listened, asked questions about my family, and walked me through the process. Now I have a will, power of attorney, and trust all in place and I actually understand them. It’s a huge relief.
★★★★★ Jun 2025 Massimo Cellante
Knowledgable, accessible, ethical and more!I can’t rave enough about our experience with Tony. I wish I could give him more than 5 stars. I had called … More 2 other attorney offices and was not able to get ahold of the actual attorney. One called back a few hours later, and as of now (8 days later) still have not heard back from the other one. When I call Marshiano Law Group, I was able to talk to Tony right away. He immediately put me at ease, by addressing my concerns, and talking me through the whole process. While we are not first time home buyers, we are first time Chicago home buyers. The process is very different from Wyoming. We had never used a real estate attorney in the past, but after this last experience, we will never purchase a home without one! Tony is easily reachable, and takes action quickly. I know that I am not the easiest person to deal with. I have a gazillion questions and concerns. He never once made me feel like I was annoying or that my questions were dumb. And though he has many other clients, I never felt like he was rushing me off the phone, or didn’t have time for me. My emails were also answered thoroughly and quicker than I had expected. Tony actually took the time to understand my husband and I, he understood our wants, and our worries. Even though he wouldn’t be paid if we didn’t close, he was looking out for us, and saved us from a money pit. After receiving the inspection reports and HOA documents, Tony advised us against the home that we had in escrow. Attorney’s do not get more ethical than that!!! He made sure we got our earnest money back and gave us valuable advice. He advised us on what to look for in both a new realtor (as we had told him that we did not trust the last one) and what to look for in HOA’s, and more. We now have a new realtor that we are excited to be working with. Between her, Tony for our attorney, and a great loan officer, we just need to find the home. We are confident that round 2 will be it! After we close we plan to retain Tony and Marshiano Law Group for Estate Planning services. I highly recommend that you retain them as well. Thank you Tony for everything!
★★★★★ May 2025 Sheena S
Marshiano Law made estate planning very easy. Anthony is very responsive and knowledgable, while making sure your specific needs are covered.
★★★★★ 3 months ago Lou Abarcar
I want to express my heartfelt gratitude to Attorney Anthony who help me with all of my needs. He walked me through the process of power of attorneys (medical … More and financial), my will, along with creating a trust with deed services. He handled all of this so professionally and quickly, and I didn't have to stress out about it. As an older woman, I feel so much better and prepared with everything being completed and so much more knowledgeable and organized. Attorney Anthony is very flexible with scheduling to speak or meet with you, and his accomodations made me feel at-ease. Choose this attorney for your needs as it is a reasonable price for all services completely completed.
★★★★★ 10 months ago Marie Gracie
I had been struggling for a few years to complete my estate planning using legal zoom. After doing some research of law firms in my area that do this I … More picked four and sent the same message via website or phone call. The message was, effectively, I need the skills of a lawyer to get this completed.Tony was the only person that called me back, and it was the next day. He understood what I needed but most importantly, he listened. I'm sure to subjects he has heard thousands of time. I also have property out of state, where he does not practice, he offered to contact a few lawyers for me who do practice there and give me a few names afterwards. The result was two great lawyers who got it done in weeks instead of years with responsiveness, listening and understanding. I reccomend contacing Tony Marshiano first and save yourself the time and headaches I went through.
★★★★★ 11 months ago Augie Palumbo
I couldn't be more satisfied with the legal representation provided by Marshiano Law Group. As the president of our condo association, we faced a … More complex dispute involving a roof top deck and roof project. Marshiano Law Group's expertise in condominium law was invaluable. They guided us through the process with patience, professionalism, and a deep understanding of our specific situation.Thanks to their efforts, we were able to reach a fair and equitable agreement that resolved the longstanding disagreement between common area and limited common area rights. His knowledge, responsiveness, and dedication to our case were truly impressive.I wholeheartedly recommend Marshiano Law Group to anyone seeking top-notch legal representation. They are highly skilled, efficient, and committed to achieving the best possible outcome for their clients.
★★★★★ a year ago Jason Motanky
Had a great experience. Very professional, helped my wife and me with our trust and will. Was tgere to answer all our questions in a quick and timely manner. … More Definitely recommend his services.
★★★★★ 10 months ago David
Exceptional Real Estate Attorney!I have had the pleasure of working with Anthony on multiple real estate transaction, and I couldn't be more impressed. … More From start to finish, Anthony demonstrated professionalism, expertise, and a genuine commitment to ensuring a smooth process for his clientsAnthony possesses an in-depth understanding of real estate law and provided invaluable guidance to his clients every step of the way. He is always available to answer any questions or concerns. He makes the real estate team his is working with, along with his clients, feel supported and informed throughout the entire process.Not only does Anthony handle all legal aspects efficiently, but also goes above and beyond to negotiate on the clients behalf, securing the best possible outcome. His attention to detail and dedication to client satisfaction truly sets him apart.I highly recommend Anthony to anyone in need of a reliable and trustworthy real estate attorney. Thank you, Anthony. We at Liberty Title & Escrow appreciate working with you!-Bill MarkoutsasSenior Account ExecutiveLiberty Title & Escrow
★★★★★ a year ago Billy Markoutsas
It was a pleasure to work with Tony of the Marshiano Law Group for legal documents for my Mother. He was very professional and kind with his suggestions. … More This was a very efficient process, and I highly recommend his services to anyone -- no one could have done it better!!!
★★★★★ a year ago GC Sweely

Why Choose M&P Law Offices for Your Probate Needs?

At M&P Law Offices, we believe in providing personalized and compassionate legal support during challenging times.

Experienced Probate Lawyers: Our team possesses the knowledge and expertise to handle probate matters of all complexities.
Compassionate Guidance: We understand this is a sensitive time and provide empathetic support and clear explanations throughout the process.
Dedicated to Protecting Your Legacy: We’re committed to ensuring your loved one’s final wishes are honored and their estate is handled with integrity.

Never compromise when it comes to your family and your legacy. schedule a consultation with our experienced estate planning attorneys in Aledo, TX. We’re here to protect your legacy and provide you with the peace of mind you deserve.

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Frequently Asked Questions About Probate in Texas

Want answers to your specific Probate situation?

Schedule a Consultation with an experienced Texas Probate Attorney to get direct answers for your unique family needs.

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No, probate is not always required in Texas. It depends on the amount and types of assets.

Assets with designated beneficiaries: Life insurance policies, retirement accounts, and bank accounts with payable-on-death beneficiaries bypass probate.
Property held in joint tenancy: Assets owned jointly with rights of survivorship automatically pass to the surviving owner(s).
Small estates: Texas offers simplified procedures for estates below a certain value, potentially avoiding full probate.

Consulting with an experienced Texas probate attorney is crucial to determine if probate is necessary for your specific circumstances.

In Texas, there are two primary options for handling estates with lower values, potentially avoiding full probate:

Small Estate Administration: This option applies if the gross value of the estate (excluding a homestead and exempt property) is $75,000 or less. It allows for a simplified process to collect and distribute assets.

Affidavit of Heirship: If there’s no will and the only asset is real estate located in Texas, an Affidavit of Heirship can be used to transfer the property. There’s no dollar limit for this method.

It’s crucial to remember that these options have specific requirements. Consulting with a Texas probate attorney is essential to determine eligibility and ensure compliance with Texas law.

Failing to probate a will in Texas can lead to several complications:

Distribution issues: Assets may be distributed incorrectly according to Texas intestacy laws, potentially disinheriting intended beneficiaries.
Access problems: Heirs may face difficulties accessing and managing the deceased’s assets without a court-appointed representative.
Family disputes: Lack of clarity surrounding the estate can fuel disagreements among family members, leading to costly legal battles.
Creditor complications: Unpaid debts may go unaddressed, causing further financial entanglements for the estate and beneficiaries.

While challenging, it’s sometimes possible to address an unprobated will even after time has passed. It’s best to consult with a Texas probate attorney to discuss available options and legal remedies.

Probate costs vary depending on the complexity of the estate. We provide transparent fee schedules and work with you to manage expenses effectively

Probate Lawyer in Texas

Navigating Probate in Texas with M&P Law Offices

What is Probate in Texas?

Why Choose Informal Probate in Texas?