Losing a loved one is hard enough. This article explains the probate process in Texas and…
When someone you care about passes away, you’re often left to navigate not just grief—but also the legal steps that follow. For many Texas families, that means understanding probate—a court-supervised process used to settle a deceased person’s estate.
Whether your loved one lived in Texarkana, Atlanta, or anywhere in between, probate may be necessary before assets can be distributed to heirs. The Law Office of Derric McFarland helps guide families through probate in Texas and Arkansas, with offices located in both Texarkana and Atlanta. Derric is licensed to practice in both states and assists clients with clarity and compassion during one of life’s most difficult times.
What Is Probate?
Probate is the legal process that happens after someone dies. It typically involves:
- Verifying the existence and validity of a will
- Appointing an executor or administrator
- Notifying beneficiaries and creditors
- Paying any outstanding debts or taxes
- Distributing the remaining assets to heirs
If the person left a valid will, probate ensures their wishes are followed. If there is no will, the estate is distributed according to Texas intestacy laws.
Do All Estates Have to Go Through Probate in Texas?
Not necessarily. Some estates can avoid full probate, depending on the assets involved and whether there was a will. Texas offers several options for simplified probate or alternative transfers, such as:
- Small estate affidavits (if the estate is valued under $75,000 and there’s no will)
- Transfer-on-death deeds for real estate
- Payable-on-death (POD) or beneficiary designations on financial accounts
However, if there are substantial assets, property in the deceased’s name alone, or disputes among heirs, formal probate may be required.
Steps in the Texas Probate Process
Here’s what the typical probate process looks like in Texas:
1. Filing an Application
The process starts by filing a probate application in the county where the deceased lived—such as Bowie or Cass County for families in the Texarkana or Atlanta area.
2. Notifying the Public
Once the application is filed, there’s a mandatory waiting period (usually about two weeks). During this time, the court will post a notice to alert creditors or anyone who may contest the will.
3. Proving the Will
If there’s a will, the court will hold a hearing to confirm its validity. If there’s no will, the court will appoint an administrator to handle the estate.
4. Identifying and Valuing Assets
The executor or administrator must gather and report all the deceased’s assets—such as real estate, bank accounts, vehicles, and personal property.
5. Paying Debts and Taxes
Before heirs receive anything, all valid debts, claims, and taxes must be paid from the estate.
6. Distributing the Estate
After debts are settled and court approvals are in place, the remaining assets can be distributed to heirs according to the will or intestacy law.
How Long Does Probate Take in Texas?
It depends on the complexity of the estate. A simple probate case may be resolved in a few months. More complicated estates—especially those with disputes or significant assets—can take a year or longer.
Factors that can affect the timeline include:
- Whether there is a valid will
- Whether beneficiaries agree
- The size and complexity of the estate
- Any outstanding debts, taxes, or lawsuits
What Can an Attorney Do During Probate?
While it’s possible to handle probate without legal help, it can be a stressful and confusing process—especially when emotions are high. An attorney can:
- Help file the necessary paperwork with the court
- Ensure all deadlines are met
- Communicate with beneficiaries and creditors
- Help avoid costly mistakes or delays
- Provide guidance on estate tax issues
At the Law Office of Derric McFarland, we help families manage probate in both Texas and Arkansas. Whether you’re in Texarkana, Atlanta, or a nearby rural community, our firm provides personal and accessible legal support.
Texas Probate and Out-of-State Property
Because Derric McFarland is licensed in both Texas and Arkansas, he’s able to help families with cross-border legal issues—such as when someone owns property in both states. This is especially helpful for families living near the border or dealing with estates that include land, vehicles, or business assets across state lines.
Probate Doesn’t Have to Be Overwhelming
If you’re facing probate after the loss of a loved one, know that you don’t have to handle it all alone. The process may seem complex, but with the right guidance, it can be managed smoothly and respectfully. Contact The Law Office of Derric McFarland for a confidential consultation and let our team help you understand your options and next steps.
