Probating a Will

Do I Need a Lawyer to Probate a Will in Texas?

by Rania Combs

“Will it be necessary to hire a lawyer to go through probate?” That’s a question I get each week from Texans who have lost friends and family members. Often, the decedent’s Will appoints them as independent executors and they need information about probating a Will.

In most cases, the answer is: “Yes.”

What is Probate?

Probate is the legal process of proving a decedent’s Will is valid. It is also understood as the legal process in which the estate of a decedent is administered.

When You Need a Lawyer in Probate Proceedings

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.

When You May Not Need a Lawyer

There are limited circumstances when an executor can probate a Will without hiring an attorney. For example, an executor may not need to hire a lawyer to probate a Will as a muniment of title if the executor is also the sole beneficiary of the estate and there are no debts against the estate other than those secured by liens against real estate.

Additionally, in situations where the filing of an affidavit of heirship is appropriate, all the heirs of an estate may be able to work together to file the affidavit without an attorney’s involvement.

This article was initially published on December 17, 2014 and updated on December 3, 2022.

About Rania

Rania graduated magna cum laude from South Texas College of Law Houston and is the founder of Rania Combs Law, PLLC. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.

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