Navigating the Texas Probate Process: A Step-by-Step Guide

April 07, 2025

A team meeting of business people and a lawyer in formal suits is taking place at a desk Probate is the legal procedure where a deceased person’s estate is distributed to heirs and beneficiaries. If you’re searching for skilled probate attorneys in McAllen, Texas, Villeda Law Group has over 40 years of success in probate and estate planning cases, backed by seasoned attorney Antonio Villeda and his board-certified paralegal staff. Schedule your consultation today.

Step 1: Filing the Probate Application

The probate process begins with the filing of an application in the appropriate Texas probate court. This application is necessary whether the deceased had a will (testate) or did not have one (intestate). The court will review the submission to determine its validity and appoint an executor (if named in the will) or an administrator (if no will exists).

In Texas, probate applications must be filed in the county where the deceased resided. For residents of McAllen, this typically means filing with the Hidalgo County Probate Court. Delays in filing can result in complications, so it is imperative to consult with a McAllen probate attorney at the earliest opportunity.

Step 2: Notifying Heirs, Beneficiaries, and Creditors

Once the application is filed, Texas law requires proper notification to interested parties. Heirs and beneficiaries must be informed of the proceedings, giving them the opportunity to contest the will or raise concerns. Additionally, creditors must receive notice to file claims for any outstanding debts.

The court will set deadlines for creditors to make claims, ensuring debts are addressed before the estate is distributed. Proper notification procedures, managed by experienced probate lawyers in McAllen, help avoid future disputes and legal challenges.

Step 3: Inventorying and Valuing the Estate

One of the most critical responsibilities of an executor or administrator is creating an inventory of the deceased’s assets. This includes real estate, personal property, bank accounts, business holdings, and investments. Each asset must be appraised to determine its fair market value. Accurate asset valuation is crucial for tax reporting and equitable distribution.

Step 4: Settling Debts and Taxes

Before distributing assets, the estate must pay outstanding debts, funeral expenses, and any applicable taxes. Texas law prioritizes creditor claims in a specific order, with secured debts, medical bills, and administrative costs taking precedence. Executors must handle these payments carefully to avoid personal liability.

For estates subject to federal estate taxes, compliance with IRS regulations is essential.. If you need assistance with estate taxes, consult a McAllen estate planning attorney to explore available options.

Step 5: Distributing Assets to Beneficiaries

Once debts and taxes are settled, the remaining estate assets are distributed according to the will or, in cases of intestacy, per Texas inheritance laws. The executor must follow legal procedures to ensure all distributions comply with court orders and state regulations.

Disputes among beneficiaries are common, particularly in cases of ambiguous wills or uneven distributions. Working with experienced probate attorneys in McAllen helps mitigate conflicts and ensures a legally sound resolution.

Common Probate Challenges in Texas

Even with a straightforward estate plan, probate can present unexpected challenges. Some common issues include:

Contested Wills – Disputes over the validity of a will can prolong proceedings.
Executor Mismanagement – Executors may be accused of misusing estate funds or failing to follow legal requirements.
Creditors’ Claims – Creditors can file claims that reduce the inheritance available for beneficiaries.
Intestate Succession Issues – Without a will, Texas law dictates asset distribution, which may not align with the deceased’s wishes.

Choosing the right legal team can significantly impact the probate process. With over four decades of experience in probate and estate planning, Villeda Law Group provides clients with comprehensive legal guidance. Our approach prioritizes transparency, efficiency, and strategic planning to minimize delays and complications. If you are facing probate-related issues, consulting a trusted probate attorney in McAllen, TX can help safeguard your business interests.

Secure Your Estate’s Future with Villeda Law Group

Probate can be a complex process, but with the right legal guidance, it can be managed efficiently and effectively. Whether you need assistance drafting a will, handling estate administration, or resolving disputes, Villeda Law Group offers the experience and dedication necessary to protect your interests. If you’re searching for probate attorneys in McAllen Texas, trust Villeda Law Group to guide you through the legal process. Contact us today for experienced legal assistance in probate and estate planning.