Probate With a Will in Texas
When a loved one passes away with a valid will, Texas law still requires a legal process called probate to carry out the will’s instructions. Probate confirms the will is valid, appoints the executor, and allows assets to be legally transferred to beneficiaries.
At Snodgrass Law Firm, we guide families through the Texas probate process efficiently, respectfully, and with an eye toward minimizing delays, disputes, and unnecessary expenses.
📞 Call or text us at 361-239-8332 to schedule a free probate consultation
What Is Probate With a Will?
Probate with a will is the court-supervised process that:
Validates the deceased person’s will
Appoints an executor (also called a personal representative)
Authorizes the executor to collect assets, pay debts, and distribute property
Ensures beneficiaries receive what the will provides
Even if the will is clear and uncontested, probate is usually required to transfer real estate, bank accounts, and other titled assets.
How Probate With a Will Works in Texas
1. Filing the Application
The probate process begins by filing an Application for Probate of Will and Issuance of Letters Testamentary in the county where the decedent lived.
📍 Corpus Christi and Nueces County probate cases are filed locally.
2. Proving the Will Is Valid
Texas courts require proof that:
The will was properly signed
The testator had legal capacity
The will was not revoked or altered
If the will is self-proving, this step is usually quick and straightforward.
3. Appointment of the Executor
Once the will is admitted to probate, the court appoints the executor named in the will and issues Letters Testamentary, which give the executor legal authority to act.
4. Administering the Estate
The executor must:
Identify and secure estate assets
Notify beneficiaries and creditors
Pay valid debts and taxes
Distribute remaining assets according to the will
Most Texas wills allow independent administration, which avoids ongoing court supervision and saves time and money.
Types of Probate With a Will in Texas
Independent Administration
✔ Most common
✔ Minimal court involvement
✔ Faster and less expensive
Dependent Administration
✔ Required if the will demands it or disputes exist
✔ Court approval needed for many actions
Muniment of Title
✔ No executor required
✔ No debts (other than secured debts like a mortgage)
✔ Transfers title only
What If Someone Contests the Will?
Probate with a will can become contested if someone challenges:
The validity of the will
Undue influence
Mental capacity
Fraud or forgery
These cases require immediate legal guidance to protect the executor and beneficiaries.
👉 Learn more on our Contested Probate page or read our article “Contested Probate in Texas: How to Protect Your Inheritance When a Will Is Disputed.”
How Long Does Probate With a Will Take?
Simple, uncontested probate: 3–6 months
More complex estates: 6–12 months or longer
Contested probate: varies significantly
Delays often result from missing documents, disputes, or creditor issues.
Do I Need a Probate Lawyer If There Is a Will?
Yes — Texas probate law is technical, deadline-driven, and unforgiving of mistakes. Even executors named in a will can be held personally liable for errors.
A probate attorney helps:
Why Choose Snodgrass Law Firm?
✔ Texas probate experience
✔ Clear guidance and flat-fee options (when available)
✔ Responsive, client-focused representation
📍 Serving Corpus Christi, Nueces County, the Coastal Bend and South Texas
📞 361-239-8332
🌐 Contact Us
FAQs (Frequently Asked Questions)
Do you have to probate a will in Texas?
Yes. Most wills must be probated to transfer assets and authorize the executor.
How long do you have to probate a will in Texas?
Generally within four years of the date of death. It becomes more complicated and more expensive to probate a will after four years.
Can probate be avoided if there is a will?
Sometimes, depending on the assets and whether alternatives like muniment of title apply.
What happens if the executor does nothing?
Beneficiaries can ask the court to compel action or appoint a different executor.
If you would like assistance, contact Corpus Christi Probate Attorney R.F. Michael Snodgrass at info@snodlaw.com or call or text us at 361-239-8332.
