Practice Area

Probate and Estate Administration
Texas & North Carolina

Guidance for families settling a loved one’s estate. Whether you need guidance about probate or administering a trust, I can help you navigate the process.

Probate

What Is Probate?

The legal process for settling
a loved one's estate.

Probate is the court-supervised process for wrapping up a person’s financial life after death. The court confirms who is in charge, identifies what the person owned, pays valid debts and taxes, and then authorizes distributions to heirs or beneficiaries.

If you are settling a relative’s affairs in Texas or North Carolina, the court may need to oversee parts of the process. Knowing what probate covers helps you decide what to do first and what can wait.

Some assets pass through probate. Others do not. Understanding the difference can save time, reduce costs, and help you avoid unnecessary court involvement.

Non-Probate Assets

What property does not
go through probate.

Property with a designated beneficiary usually transfers outside probate. That includes retirement accounts, life insurance, and accounts with payable-on-death or transfer-on-death designations.

Joint accounts with right of survivorship also pass to the survivor. A revocable living trust can hold assets that avoid probate altogether.

If no beneficiary is named, a beneficiary has died, or the estate is listed as beneficiary, the asset may become part of the probate estate. A complete estate plan aligns these designations with your will so nothing falls through the cracks.

Life Insurance

Passes directly to the named beneficiary. If no beneficiary is named, proceeds may fall into the probate estate.

Retirement Accounts (IRA, 401k)

Transfer directly to designated beneficiaries. Outdated designations naming a former spouse are a common oversight.

Payable-on-Death Accounts

Bank accounts with a POD designation pass directly to the named recipient and are not governed by the will.

Jointly Held Property

Real estate or accounts held with rights of survivorship pass automatically to the surviving owner.

Revocable Living Trusts

Assets titled in the name of a trust pass according to the trust terms without court involvement.

The Process

Common probate tasks.

Prove the Will

The court confirms that the will is valid and admits it to probate, establishing the legal authority to act.

Inventory Assets

The executor lists and values all probate assets, creating an official record of what the estate owns.

Pay Debts & Taxes

Valid creditor claims are paid and any required tax filings are completed before distributions can be made.

Distribute Assets

What remains is distributed to heirs or beneficiaries according to the will or state intestacy laws.

The Process

How It Works

Working with Rania is straightforward and secure. Here’s what to expect from our first conversation to your completed estate plan.

1

SCHEDULE A CONSULTATION

We start with a free introductory conference by video or phone. I'll learn about your family, your goals, and what you want your estate plan to accomplish.

2

RECEIVE YOUR FLAT-FEE QUOTE

Based on our conversation, I'll recommend the right plan and provide a firm, written fee quote before any work begins. No surprises.

3

REVIEW YOUR DOCUMENTS

I prepare your estate planning documents and share them through a secure client portal. You'll have the opportunity to review everything and ask questions.

4

SIGN AND FINALIZE

Once you're satisfied, I'll walk you through the signing requirements for your state with clear, step-by-step instructions so your documents are properly executed.

Client reviews

What clients say about working with Rania.

Families across Texas and North Carolina trust Rania Combs Law for thoughtful, personalized estate planning and probate guidance.

Dan
A
Outstanding

I retained Rania to draft my complex estate plan, that involved multiple trusts, multiple beneficiaries, and all sorts of intricacies. Rania patiently worked with me over a period of ~2.5 years.

The Woodlands, TX
Kaye
A
Changes in Will

I was nervous during my consultation with Ms. Combs, but she quickly put me at ease. She was very professional, knowledgeable, and patient with all of my questions.

Texas
Pamela
A
Estate Planning

I read an article about estate planning and was led to Rania's article and website. I am so glad I found her. She was thorough, professional, and made the whole process easy.

Texas
Dan
A
Outstanding

I retained Rania to draft my complex estate plan, that involved multiple trusts, multiple beneficiaries, and all sorts of intricacies. Rania patiently worked with me over a period of ~2.5 years.

The Woodlands, TX
Kaye
A
Changes in Will

I was nervous during my consultation with Ms. Combs, but she quickly put me at ease. She was very professional, knowledgeable, and patient with all of my questions.

Texas
Pamela
A
Estate Planning

I read an article about estate planning and was led to Rania's article and website. I am so glad I found her. She was thorough, professional, and made the whole process easy.

Texas

Common Questions

Probate FAQ

Do I need a lawyer to probate a will in Texas?

Most courts in Texas require an executor to hire a lawyer in a probate matter. This is because an executor not only represents himself but also the interests of beneficiaries and creditors. Since under Texas law, only a licensed attorney can represent the interests of others, preparing and filing pleadings in a probate matter without the assistance of counsel would, according to caselaw, constitute the unauthorized practice of law. You can read more in Rania's article on whether you need a lawyer to probate a will in Texas.

What is a Texas Small Estate Affidavit?

A Small Estate Affidavit is a simplified alternative to full probate for qualifying Texas estates when someone dies without a will. It can be used when the estate value is within statutory limits and meets other requirements. A Small Estate Affidavit is not available if the decedent left a will. Learn more about Texas Small Estate Affidavit requirements.

What is a Muniment of Title in Texas?

A Muniment of Title is a streamlined probate option in Texas when there is a valid will, no unpaid unsecured debts other than those secured by real property, and no need for a full administration. The court admits the will to probate and issues an order allowing title to pass without appointing an executor. Read more about Texas Muniment of Title.

Who can file an application for probate?

In most cases, the person named as executor in the will, or an interested party such as an heir or beneficiary, can file an application to open probate. Requirements vary by state. Rania's article on who can file an application for probate explains the details for Texas.

Can the beneficiary of an estate also be the executor?

Yes. There is no rule preventing a beneficiary from also serving as executor. In fact, it is very common for a spouse or adult child who inherits under the will to also be named executor. The executor has a fiduciary duty to act in the best interest of all beneficiaries, regardless of their own interest in the estate.

How long does probate take?

The timeline varies depending on the complexity of the estate, whether disputes arise, and the type of administration used. A straightforward independent administration in Texas might take several months, while more complex estates or contested matters can take a year or longer. Simplified procedures like a Muniment of Title or Small Estate Affidavit can often be completed more quickly.

Need help navigating probate?

Whether you are opening an estate, exploring simplified options, or planning ahead to minimize court involvement, I can help you understand your choices and move forward with confidence.