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Compassionate Guidance Through the Probate Process

Whether your loved one left a will or not, we help you navigate the legal process with clarity and confidence.

Losing a loved one is emotionally overwhelming. Handling their affairs shouldn’t be.

At Carr & Cole, PLLC, we provide a steady hand during the probate process—whether the estate involves a valid will or your loved one passed away without one. We ensure that everything is handled properly, legally, and efficiently, so you can focus on what matters most.

Probate is the legal process of settling a person’s estate after they pass away.

This includes identifying assets, paying debts, and distributing property to the rightful heirs.

Probate With a Will

If your loved one left a valid will, the probate process includes:

  • Filing the will with the court
  • Having an executor appointed
  • Inventorying and valuing assets
  • Paying debts and claims
  • Distributing property according to the will

Probate with a will is generally smoother—but it must still comply with Texas law. We guide executors through their responsibilities and ensure the will is properly admitted to probate.

Probate Without a Will (Intestate Estates)

If there is no will, Texas law determines:

  • Who inherits the property
  • How much each heir receives
  • Who can be appointed to administer the estate

This often creates confusion or conflict, especially in blended families. We help families:

  • Establish heirship legally
  • Obtain court appointment of an administrator
  • Ensure proper asset distribution
  • Avoid unnecessary disputes

 

Whether simple or complex, we handle every step—from the initial court filings to closing the estate

Benefits

Clear Guidance in a Difficult Time

We explain every step in plain language and ensure you understand your rights and responsibilities.

Experience With Complex and High-Conflict Matters

We handle disputes, blended family issues, unknown heirs, real estate complications, and creditor claims.

Timely and Efficient Process Management

We coordinate deadlines, court filings, hearings, and communication with all parties involved.

Preserving Family Relationships

Our goal is to minimize conflict and ensure the estate is handled respectfully and accurately.
Let’s plan your legacy together

Initial Consultation & Case Review

We evaluate whether the estate requires probate, determine the appropriate process, and gather necessary documents.

Filing With the Court

We prepare and file the required application—whether to probate a will or determine heirship.

Court Hearing & Appointment

We represent you at the hearing and obtain your legal authority as Executor or Administrator.

Estate Administration

We assist you in performing your duties:
• Notifying creditors
• Inventorying assets
• Managing and selling property
• Paying valid claims

Distribution & Closing the Estate

We ensure all obligations are met and the estate is distributed correctly under the will or Texas law.

Plan Your Legacy for Generations to Come

We offer a range of probate solutions to meet your specific needs, ensuring your loved ones are protected and your wishes are honored.

Frequently Asked Questions

Book a consultation
What is probate?

Probate is the court-supervised process of settling a person’s estate after they pass away. It includes validating a will (if one exists), identifying heirs, paying debts, and distributing assets.

Do all assets have to go through probate in Texas?
No. Some assets transfer automatically, such as:
• Life insurance with named beneficiaries
• Retirement accounts with POD/TOD designations
• Assets titled in a trust
We evaluate whether full probate, a simplified procedure, or no probate is needed.
What happens if my loved one died without a will?
When someone passes away without a will (intestate):
• Texas law determines who the heirs are
• The court appoints an administrator
• Assets are distributed according to the Texas Estates Code
We guide families through the heirship and administration process from start to finish.
What is the difference between an executor and an administrator?
• An executor is named in a will.
• An administrator is appointed by the court when there is no will or no executor available.
Both manage the estate, but administrators often require more court oversight.
What documents do I need to start the probate process?
Common documents include:
• Original will (if one exists)
• Death certificate
• Asset information (property deeds, bank accounts, etc.)
• Family/heir information
We help gather and organize everything needed for court.
How much does probate cost?
Costs vary based on:
• Whether there is a will
• Whether heirship is required
• Estate size and complexity
• Disputes or creditor claims
We provide a clear estimate during your consultation.
What if family members disagree about the will or inheritance?
Disputes can arise regarding:
• Will validity
• Undue influence
• Asset distribution
• Rights of heirs
Carr & Cole, PLLC assists with both contested and uncontested matters and works to resolve issues efficiently.
Do I have to go to court?

In most uncontested cases, the executor or administrator must attend one brief hearing. We prepare you thoroughly and appear with you.

What is an independent administration?
Texas allows many estates to be administered with minimal court supervision, called independent administration.
This is faster, cheaper, and more efficient.
We evaluate if your estate qualifies.
Can probate be started years after someone dies?
Yes, a person’s estate can be probated up to four years after death.
If more time has passed, options may still exist depending on the circumstances.