Probate of Will Attorney in Houston, Texas

If you have been tasked with probating a loved one’s will but have never settled anyone’s estate before, you probably do not know what probating a will entails. Having a comprehensive understanding of the probate process is critical if you were appointed as a personal representative or executor of your loved one’s estate.   

As a probate of will attorney in Houston, Texas, I can help you and your family through the legal process of probate if you have recently lost a loved one. At W. Timothy Weaver, Attorney at Law, I assist clients in every aspect of probate, including helping them handle complex legal matters including creditor's claims and ensuring the entire process goes smoothly. I also proudly serve Sugar Land, The Woodlands, Katy, Baytown and Conroe and with Zoom now being used in most Courts I can actually probate a will in any county in the State of Texas.

What Is Probate of Will?

Probate is a court proceeding aimed at settling a deceased person’s estate and distributing their assets to their beneficiaries and heirs. When the deceased person leaves behind a will – also known as the last will and testament – the probate court will first have to validate the document before the process can be started.   

Generally, there are two types of probate: uncontested and contested. Probate is contested when there are objections concerning the will or related matters. An uncontested probate is when there are no disputes over the will and no disagreements among the heirs.   

How to Probate a Will

If you have been named as the executor of the estate in the deceased person’s will or were appointed as the personal representative by the court, you need to know the steps necessary to probate a will:   

1. Draft an application to Probate the will and file the original will with the court.  

2. Post a public notice announcing the petition for probate so that any interested party has the chance to contest the will. 

3. Have a hearing for the court to verify the validity of the will. 

4. File an Inventory the deceased person’s assets or file an Affidavit in Lieu of Inventory if all the debts are paid. 

5. Provide all beneficiaries named in the deceased person’s will with a copy of the will and the Order admitting the will to probate.  

6. Notify the deceased person’s creditors (if they had any debt)  

7. Pay debts, bills, and taxes by using funds from the estate.   

8. Distribute the remaining assets to the beneficiaries named in the will.  

   As a probate of will attorney, I can walk you through every step of the process and ensure that you – as a personal representative/executor – fulfill all of your obligations and meet the deadlines.   

Flat Fees vs. By the Hour

One of the biggest problems with an attorney charging by the hour for a routine probate proceeding is the uncertainty about the total cost of legal services. Often, people appointed as executors or personal representatives may even feel reluctant to call an attorney and ask questions because they think it will drive up the fee despite the fact that getting answers to their questions may be essential.   

A flat fee arrangement, on the other hand, gives clients more comfort in knowing the total costs of probate. At W. Timothy Weaver, Attorney at Law, I like to charge flat fees for my services if possible because I understand the need for families to know, in advance, what the costs of the probate proceeding will be so that they can budget accordingly. In fact, you can call me and schedule a free consultation to get answers to your questions without worrying about any initial fees. Our flat fee is $3500.00.

Flat Fee/Probate of Will - $3500.00

Professional Services Included in Flat Fee for the Probate of a Will that is not contested:

• An initial conference with the client to review the Will and discuss the probate process and the Decedent's estate and creditors.

• Preparing and filing the Application to Probate Will.

• Set Application to Probate for hearing. Prepare Testimony, Order Admitting Will to Probate and Oath of the Independent Executor.

• Attend hearing, file Testimony and Oath, and order Letters Testamentary.

• Prepare and mail notices to beneficiaries pursuant to Texas Estates Code Section § 308.004.

• Prepare a Certificate for Court.

• Prepare Notice to Creditors for publication.

• Prepare and mail notice to secured creditors and unsecured creditors, if necessary.

• Prepare and file Inventory and List of Claims and Order Approving Inventory and List of Claims.

The Importance of Working with an Attorney

If you are the executor or personal representative, you have been tasked with a major responsibility. Fortunately, you do not have to go through the probate process alone. As a probate attorney in Houston, Texas, it is my goal to help you find peace and the time to grieve with your family.   

At W. Timothy Weaver, Attorney at Law, I can help you with all aspects of the probate process, including but not limited to:  

• Scheduling an initial conference with you to review the will, discuss the probate process, and talk about the decedent’s estate and creditors;   

• Preparing and filing the application to probate a will;   

• Setting application to probate for hearing, preparing testimony, and ordering admitting will to probate and oath of the independent executor;  

• Attending hearings on your behalf, filing testimony and oath, and ordering letters testamentary;   

• Drafting and submitting notices to beneficiaries pursuant to Texas Estates Code Section § 308.004;   

• Preparing a certificate for court;   

• Submitting notice to creditors for publication;   

• Preparing and mailing notice to secured creditors and unsecured creditors, if necessary; and  

• Preparing and filing inventory and list of claims.   

As a probate of will attorney, I can offer my knowledgeable guidance and compassionate support to help you navigate the complex probate process from start to finish.