Uncontested Probate in Texas: What to Do Before Calling a Lawyer
Uncontested Probate in Texas: What to Do Before Calling a Lawyer
By Corpus Christi Probate Attorney R.F. Michael Snodgrass
If you’ve recently lost a loved one in Corpus Christi, Nueces County, or South Texas, the idea of probate can feel overwhelming—especially when you’re trying to grieve and handle practical matters at the same time. The good news is that many Texas probate cases are uncontested, meaning they can often be resolved efficiently and without court fights.
This guide is written for Texas families who are searching online for uncontested probate in Texas and want to know what to do before calling a probate lawyer. Taking the right steps early can save you time, money, and unnecessary stress.
What Is Uncontested Probate in Texas?
An uncontested probate is a probate case where:
No one is challenging the will
No one is disputing who should serve as executor or administrator
There are no lawsuits between heirs or beneficiaries
Creditors are handled according to Texas law
In uncontested probate cases, the court’s role is primarily administrative. A judge confirms that the will is valid (if one exists), appoints the proper person to act, and allows the estate to be handled under Texas law.
Uncontested probate is common in Corpus Christi and Nueces County when:
The deceased left a clear will
Family members are cooperative
The estate is relatively straightforward
Do You Even Need Probate in Texas?
Before calling a probate lawyer, the most important question is:
Does this estate actually require probate?
In Texas, many assets pass outside of probate, including:
Life insurance with named beneficiaries
Retirement accounts (401(k), IRA)
Payable-on-death (POD) bank accounts
Transfer-on-death (TOD) deeds for real estate
Jointly owned property with right of survivorship
If all assets pass this way, full probate may not be required.
Find the Original Will (If One Exists)
Texas courts generally require the original signed will.
Before calling a probate attorney in Corpus Christi:
Check safes, filing cabinets, and fireproof boxes
Contact the attorney who drafted the will
Check with the Nueces County Clerk for safekeeping filings
If the original will cannot be found, probate is still possible, but the case may no longer qualify as truly uncontested.
Identify the Executor and All Heirs
Uncontested probate depends on clarity and agreement.
You should know:
Who is named as executor in the will
Whether the executor is willing and able to serve
Who the beneficiaries are under the will
If there is no will, who the legal heirs are under Texas law
If even one person is likely to object, the case may become contested.
Confirm There Are No Disputes
Before contacting a probate lawyer, consider:
Is anyone threatening to contest the will?
Is anyone claiming they were promised property?
Is there family conflict over money or personal property?
Early identification of these issues helps keep probate uncontested and affordable.
Gather Key Probate Documents
Having information ready allows a probate lawyer to quickly determine the fastest and least expensive probate option.
Before calling, it can be helpful to gather:
Death certificate (or confirmation it has been ordered)
Original will
Names and addresses of heirs and beneficiaries
Approximate value of real estate in Nueces County or elsewhere
Approximate value of bank and investment accounts
A list of known debts
Independent Administration
Most uncontested probates in Texas proceed as independent administrations, allowing the executor to act with minimal court supervision.
Mistakes to Avoid Before Probate Is Opened
Before speaking with a lawyer, do not:
Transfer or sell estate property
Distribute money to heirs
Ignore creditor notices
Assume probate can be skipped entirely
These mistakes can increase costs and delay probate in South Texas courts.
FAQ: Uncontested Probate in Texas
How long does uncontested probate take in Texas?
Most uncontested probate cases in Texas take 2–4 months, depending on court schedules and the probate method used.
How much does uncontested probate cost in Texas?
Many uncontested probate cases are handled on a flat-fee basis, especially when there are no disputes and limited assets. Your probate matter can also be handled as hourly billing.
Can I probate a will in Nueces County if the person died elsewhere?
Yes. Probate is generally filed in the county where the deceased resided at the time of death, even if they pased elsewhere.
Do I need a lawyer for uncontested probate in Texas?
While Texas law does not always require a lawyer, probate is a court proceeding, and mistakes can create personal liability for executors.
Talk to a Corpus Christi Probate Lawyer
If you believe your case qualifies as uncontested probate, early guidance can save time and money.
Snodgrass Law Firm, a Corpus Christi Probate Law Firm, represents clients throughout Corpus Christi, Nueces County, and South Texas, focusing on efficient and cost-effective probate solutions.
📞 Contact a Corpus Christi probate lawyer to confirm whether probate is necessary—and which uncontested option fits your situation. If your case may become contested, please see our contested probate page.
Contact Snodgrass Law Firm, PLLC today to schedule a consultation and learn how experienced legal representation can make a meaningful difference in your probate matter. Please email us at info@snodlaw.com or call or text us at 361-239-8332 to set up a consultation at our office, by phone, or on Zoom.
This article is provided for general educational purposes and does not constitute legal advice. No attorney–client relationship is formed by reading this content.
Last updated January 13, 2026.
