BEFORE YOU NEED PROBATE
Most Texas families could have avoided probate entirely with a trust-based plan.
Probate is public, time-consuming, and expensive — and it's almost always avoidable. A funded revocable living trust passes assets to your beneficiaries privately and quickly, with no court involvement. If you still have time to plan for yourself or a parent, a trust-based estate plan is the fix.
Already in probate?
We still help. The services below cover the full Texas probate process — independent administration, muniment of title, and small estate affidavits.
After this is over, ask us about a trust-based plan so your own family never has to go through it.
Our Services
Probate & Administration Services
Probate
Guiding families through the Texas probate process — from filing the application to distributing assets. We handle independent administration, dependent administration, muniment of title, and small estate affidavits.
Who: Families who have lost a loved one
When: After the passing of a family member with assets in Texas
Estate & Trust Administration
Administering estates and trusts according to the decedent's wishes — marshaling assets, paying debts, filing taxes, and distributing to beneficiaries.
Who: Executors, trustees, and personal representatives
When: When you've been named executor or trustee and need guidance
Guardianship of Adults
When an adult can no longer make decisions for themselves, guardianship provides court-appointed care and protection for their person and property.
Who: Families of incapacitated adults (aging parents, disabled relatives)
When: When a loved one can no longer manage their own affairs
Guardianship of Minors
Establishing legal guardianship for minor children when parents are unable to care for them — ensuring stability, security, and proper care.
Who: Relatives or caregivers of children without available parents
When: When children need a legal guardian due to parental incapacity or absence
Alternatives to Guardianship
Less restrictive options that preserve more individual autonomy — powers of attorney, supported decision-making, representative payees, and trusts.
Who: Families seeking the least restrictive arrangement
When: Before pursuing full guardianship, or when partial support is sufficient
Probate — Frequently Asked Questions
Texas-specific answers to the questions families ask after losing a loved one. Free probate cost estimates available.
Yes, in nearly all cases. Texas law generally requires the personal representative (executor or administrator) to be represented by a licensed Texas attorney for any probate matter beyond a Small Estate Affidavit. Self-representation in probate is strongly discouraged and most Texas county clerks will reject filings made without counsel.
Independent administration — the most common path in Texas — typically takes six to twelve months from filing to final distribution. Dependent administration takes twelve to twenty-four months or longer. Muniment of title, a simplified Texas-only path for small estates with a will and no debts other than secured real estate, usually completes in thirty to ninety days.
Costs vary by estate complexity. Independent administration of a typical estate runs $3,500 to $8,000 in attorney fees plus court costs. Contested or complex estates can run significantly higher. We provide a free probate cost estimate during your consultation. Try our calculator at continuumcounsel.com/probate-cost-calculator.
When someone dies intestate (without a will) in Texas, their assets are distributed according to the Texas Estates Code's intestacy rules — which may not match what the deceased would have wanted. Probate is still required and is often more complex. Heirship determination proceedings are typically needed before assets can be distributed.
With proper planning, yes — most assets can bypass probate. Assets held in a properly funded revocable living trust, jointly owned property with rights of survivorship, retirement accounts and life insurance with named beneficiaries, and Texas's Transfer on Death Deed all pass outside probate. Most well-designed Texas estate plans aim to keep probate exposure to a minimum.