Probate Attorney in The Woodlands, TX
Dickey Law Group provides probate services in The Woodlands, Texas, including will probate, muniment of title, affidavits of heirship, estate administration, and intestacy proceedings. Attorney fees for probate range from $3,500–$7,500+ depending on complexity. Bilingual (English/Spanish) services available. Free consultations.
Losing someone you love is hard enough without having to deal with the legal system. At Dickey Law Group, we handle the probate process for Woodlands families so you can focus on what matters — not paperwork, court filings, or creditor disputes.
Whether you're the executor of a will, a surviving spouse, or an heir dealing with an estate that has no will at all, we'll walk you through every step of probate in Texas. No legal jargon. No surprises.
All services available in English and Spanish.
Understanding Probate in Texas
Probate is the legal process of settling a deceased person's estate. A court verifies the will (if there is one), appoints someone to manage the estate, makes sure debts are paid, and authorizes the transfer of remaining assets to the rightful heirs.
When is probate required in Texas?
Probate is typically required when the deceased person owned property solely in their name — real estate, vehicles, bank accounts without a payable-on-death beneficiary, or other titled assets. If all assets were held in a trust, in joint ownership with right of survivorship, or had named beneficiaries, probate may not be needed at all.
How long does probate take?
- ◆Simple uncontested estates: 3–6 months
- ◆Larger or more complex estates: 6–12 months
- ◆Contested estates (will disputes, creditor claims): 12–24 months or longer
The timeline depends on the type of probate, the size of the estate, whether there are outstanding debts, and whether any beneficiaries or potential heirs contest the proceedings.
Our Probate Services
Probate of Will (Independent & Dependent Administration)
If the deceased person left a valid will, we file it with the Montgomery County probate court and guide the named executor through the administration process. Texas law strongly favors independent administration, which means the executor can manage the estate without constant court supervision — faster, cheaper, and less stressful for everyone involved.
If the will doesn't specify independent administration, or if the court requires oversight, we handle dependent administration as well, including all required court filings and approvals.
Muniment of Title
When there's a valid will but the estate has no unpaid debts (other than a mortgage), Texas allows a simplified process called muniment of title. The court admits the will to probate solely to establish who inherits the property — no executor is appointed, no administration is required.
Muniment of title is faster and less expensive than full probate. We use it whenever the estate qualifies because there's no reason to go through a longer process than necessary.
Determination of Heirship (No Will / Intestate)
When someone dies without a will, Texas intestacy law determines who inherits. But someone still has to prove to the court who the legal heirs are. That's a determination of heirship proceeding.
This requires filing an application, presenting evidence (often testimony from a disinterested witness who knew the deceased and their family), and obtaining a court order declaring the heirs. We handle the entire process, including identifying and locating potential heirs.
Affidavit of Heirship
For smaller estates — particularly when the primary asset is real property — an affidavit of heirship may be filed without going to court. Two disinterested witnesses sign an affidavit identifying the deceased person's heirs. The affidavit is recorded in the county deed records and serves as evidence of who inherited the property.
This is the simplest and least expensive option when it applies, but it only works for certain types of assets and situations.
Small Estate Affidavit
If the total value of the estate (excluding homestead and exempt property) is $75,000 or less, Texas allows an even more streamlined process. A small estate affidavit can be filed with the court 30 days after death, and the court can approve distribution without a full probate proceeding.
We determine whether your situation qualifies for this option as part of our initial consultation.
Contested Wills & Probate Litigation
Not every estate settles smoothly. Common disputes include:
- ◆Challenges to the validity of the will (undue influence, lack of capacity, improper execution)
- ◆Disagreements between beneficiaries about asset distribution
- ◆Executor misconduct or mismanagement
- ◆Claims from creditors
- ◆Disputes over the interpretation of will provisions
We represent executors, beneficiaries, and heirs in contested probate matters in Montgomery County and surrounding courts.
Creditor Claims & Debt Settlement
Texas law requires executors to notify known creditors and publish notice to unknown creditors. Creditors have a limited window to file claims against the estate. We manage the claims process, determine which debts are valid, negotiate settlements where appropriate, and make sure the estate is not paying more than it owes.
Types of Probate in Texas — Which Applies to You?
This is where most people get confused, and it's where having an attorney saves you time and money. Texas has several probate paths, and choosing the right one matters:
| Situation | Best Option | Why |
|---|---|---|
| Valid will, minimal or no debts | Muniment of Title | Fastest, cheapest. No executor appointed. Court simply recognizes the will as proof of inheritance. |
| Valid will, debts to settle or assets to manage | Independent Administration | Executor manages estate without ongoing court approval. Most common in Texas. |
| Valid will, court oversight needed or requested | Dependent Administration | Court supervises every step. Required when will doesn't grant independent powers or when disputes exist. |
| No will, need to establish heirs | Determination of Heirship | Court proceeding to identify legal heirs under Texas intestacy law. |
| No will, small estate, primary asset is real property | Affidavit of Heirship | No court required. Two witnesses sign an affidavit identifying heirs. Recorded with county. |
| No will, estate under $75,000 | Small Estate Affidavit | Streamlined court process available 30+ days after death. |
Not sure which applies? That's exactly what the initial consultation is for. Bring whatever documents you have — the will (if it exists), death certificate, property records, account statements — and we'll identify the right path.
The Probate Process Step by Step
Step 1 — Filing the Application (Week 1)
We file an application to probate the will with the Montgomery County Court or the court in the county where the deceased person lived. Texas requires that a will be filed within 4 years of the person's death. If you wait longer than 4 years, the will generally cannot be probated, and the estate is treated as if there was no will.
What you need: The original will, a certified death certificate, and basic information about the deceased person's assets and family.
Step 2 — Court Hearing & Executor Appointment (Weeks 2–4)
A judge holds a hearing (typically brief — 10 to 15 minutes) to admit the will to probate and formally appoint the executor. The executor receives Letters Testamentary, which is the legal document giving them authority to act on behalf of the estate.
In most uncontested cases, this happens within 2–4 weeks of filing.
Step 3 — Inventory & Appraisal of Assets (Months 1–3)
The executor must file an inventory of the estate's assets within 90 days of appointment. This includes:
- ◆Real property (homes, land)
- ◆Bank and investment accounts
- ◆Vehicles and personal property
- ◆Business interests
- ◆Life insurance policies payable to the estate
We help the executor compile the inventory, obtain appraisals where needed, and file the required documents with the court.
Step 4 — Creditor Notification & Debt Settlement (Months 1–6)
The executor must notify known creditors in writing and publish a general notice to unknown creditors in a local newspaper. Creditors then have a limited time to file claims. We review all claims, identify which are valid, negotiate where appropriate, and advise the executor on payments.
Important: the executor is personally liable for distributing assets before debts are properly settled. This is why having an attorney manage the process matters.
Step 5 — Distribution to Beneficiaries (Months 3–8)
Once debts are settled and the claims period has passed, the executor distributes remaining assets according to the will. This may involve:
- ◆Transferring real property by executor's deed
- ◆Distributing cash from estate bank accounts
- ◆Transferring vehicle titles
- ◆Rolling over retirement accounts to named beneficiaries
We prepare all transfer documents and coordinate with title companies, financial institutions, and the county clerk's office.
Step 6 — Final Accounting & Closing (Month 6–12)
For independent administration, the executor may close the estate by filing a notice with the court. For dependent administration, a detailed accounting must be filed for court approval. We prepare all closing documents and make sure the executor is formally discharged from liability.
Probate Costs in Texas
We believe in transparency. Here's what probate actually costs:
Court filing fees: $300–$400 in Montgomery County (varies by county)
Attorney fees for uncontested probate:
- ◆Muniment of title: $2,500–$4,000
- ◆Independent administration: $3,500–$7,000
- ◆Small estate affidavit: $1,500–$3,000
Additional costs that may apply:
- ◆Appraisals for real property or business interests: $300–$1,500
- ◆Newspaper publication for creditor notice: $100–$300
- ◆Deed preparation and recording fees: $200–$500
- ◆Bond (if required by the court): varies
Contested probate: Significantly more expensive — hourly rates apply, and total costs depend on the complexity and duration of the dispute. We provide estimates during the initial consultation.
We offer flat-fee arrangements for uncontested probate matters whenever possible, so you know the total cost before we begin.
What Happens If There's No Will?
When someone dies without a will in Texas (called "dying intestate"), state law dictates who inherits — and the results often surprise people.
If the deceased was married with children from the same marriage:
- ◆Spouse keeps all community property
- ◆Spouse inherits one-third of separate personal property; children split two-thirds
- ◆Spouse has a life estate in one-third of separate real property; children inherit the rest
If the deceased was married with children from a different relationship:
- ◆Spouse keeps their half of community property
- ◆Children inherit the deceased spouse's half of community property
- ◆Spouse inherits nothing of separate real property — it goes to the children
- ◆This is where things get ugly: the surviving spouse and stepchildren become co-owners of the family home
If the deceased was unmarried with children:
- ◆Children inherit everything, split equally
If the deceased had no spouse and no children:
- ◆Parents inherit. If no parents, siblings. If no siblings, more distant relatives.
- ◆If no relatives can be found, the estate goes to the State of Texas.
Without a will, Texas law makes the decisions — and those decisions may not match what your loved one would have wanted. If you're dealing with an intestate estate, we can help with the heirship process and protect your rights.
Property Transfers After Death
One of the most common probate tasks is transferring real property out of the deceased person's name. This requires proper legal documents — you can't simply cross out a name on a deed.
- ◆Executor's deed — if the executor is authorized by the will to sell or transfer property
- ◆Court order — in dependent administration or heirship proceedings
- ◆Affidavit of heirship — recorded in county deed records to establish inheritance
- ◆Transfer on death deed (TODD) — if the deceased executed one before death, the property transfers automatically to the named beneficiary
We handle all deed preparation, recording, and coordination with the Montgomery County Clerk's office.
Want to avoid this for your family? An estate plan with a properly funded trust eliminates the need for probate-related property transfers entirely.
Learn about estate planningBilingual Probate Services (English & Spanish)
Dealing with probate is stressful. Dealing with it in a language that isn't your first makes it worse.
Attorney Mireya Dickey provides full probate representation in Spanish — from the initial consultation through court appearances and final distribution. For families where some members speak English and others prefer Spanish, we make sure everyone understands the process, the documents, and their rights.
No other probate firm in The Woodlands offers this.
Why Choose Dickey Law Group for Probate
Frequently Asked Questions
Areas We Serve
We serve The Woodlands and surrounding communities in Montgomery and Harris counties.
View All LocationsContact Our Probate Attorney in The Woodlands
If you've lost a loved one and need help with the probate process — or if you're an executor who needs guidance — contact Dickey Law Group. We'll explain your options, outline the process, and give you a clear idea of costs before you commit to anything.
Hablamos español. / We speak Spanish.