Probate Attorneys in Waco
Administering an estate after a death — proving the will, gathering the property, and closing the file properly.
After a death, someone has to prove the will, take authority over the accounts, pay what the estate owes and deliver what is left to the right people. That court process is probate. Our probate attorneys in Waco handle it from the application to the closing. Speak with us at (254) 457-5083.
Probate is the process by which a deceased person's will is administered — in other words, how a signed and valid will becomes enforceable. There are several reasons for its existence, but its significant goal is to oversee estate administration: identifying and gathering the estate's property, settling debts and taxes, and distributing what remains.
Probate is a necessary safeguard against the improper administration of an estate. It falls mainly in the jurisdiction of the county where the decedent resided or owned property, so the process can vary a good deal from place to place — one reason a firm that appears regularly in the McLennan County probate courts is worth having.
What should the family do first?
Find the original will and do not write on it, staple it, or take it apart. Order several certified copies of the death certificate. Make a list of accounts, insurance policies, real estate and debts, and secure any property that is standing empty. Keep the decedent's mail coming to someone who will read it, because bills and account statements are how the estate gets inventoried.
Then stop signing things. Do not distribute money to relatives, sell a vehicle, or close an account before someone has authority to act, because a personal representative who distributes early can be personally responsible for a debt that shows up later. Bring the will and the list to a consultation and we will tell you which kind of probate — if any — the estate actually needs.
How long does probate take in Texas?
An uncontested estate with a clean will, an independent executor and cooperative family typically moves in months, not years. The rhythm is: application filed, statutory waiting period, hearing at which the will is admitted and the executor qualifies, notices to creditors and beneficiaries, inventory or affidavit filed, then distribution and closing.
What lengthens it is friction — a missing or ambiguous will, real property in several counties, an estate with more debt than assets, a beneficiary who cannot be located, or a contest. Deadlines in probate are strict and specific to the estate's facts, so the safest thing to do is call before you assume you have time. We will tell you plainly whether your matter is a short administration or a long one.
Is court always necessary?
Not always. Texas offers several lighter procedures for smaller or simpler estates, and some property does not pass through probate at all — accounts with a valid beneficiary designation, survivorship property, assets already held in a trust. Part of our job at the first meeting is to work out how much of the estate is actually subject to court administration.
Where there is no will, the estate follows Texas intestacy rules and the court often has to determine who the heirs are before anything can be distributed. That is more work than probating a will, which is the practical argument for the planning side of this practice. If capacity, not death, is your family's problem, the answer is a power of attorney or a guardianship instead.
What we do
Probate and estate administration work
We represent executors, administrators, heirs and beneficiaries — and we say at the outset which one of those you are, because it decides who we can advise.
- Applications to probate a will and appoint an independent executor
- Administration where there is no will
- Determinations of heirship
- Small estate and lighter alternatives to full administration
- Muniment of title where the estate has no unpaid debts
- Inventories, appraisements and lists of claims
- Creditor claims, notices and estate debts
- Trust administration after a death, including out-of-state trusts
Who handles this work
The attorneys in our probate matters
-
Daniel Hare
Guides families through probate and guardianship proceedings with professionalism and compassion, helping them navigate difficult transitions with clarity.
-
Chris Freyder
Guides clients through probate alongside wills, trusts, Medicaid planning and guardianship; his background is in complex litigation.
-
P. James Rainey
Co-founder, focused on estate planning, elder law, special needs planning and asset protection.
Contact us
Speak with an experienced probate lawyer in Waco
Bring the will and a list of accounts to the first meeting. Call (254) 457-5083, or send the form and we will call you back.