How to Probate a Will if You’re the Named Executor

If you’ve just lost a loved one and you are named as the executor of their will, you may be overwhelmed and confused. You may be researching online for answers to questions like “Do I need a probate attorney near me?”, “How long does probate take?”, or “How much does probate cost?”.  I will try to answer some of your questions here about whether you have to hire a probate attorney, how long the probate process take, and how much probate costs.

What Does an Executor of a Will Do?

First, the Will must be filed along with an application to probate the Will in Probate Court.  Then a probate hearing must be held before the Executor is appointed by the probate court. After taking an oath, and filing a bond, if necessary, the Executor is appointed by the Probate Court.  Only then do they receive Letters Testamentary and begin their role as Executor of the estate.  

The Executor manages the estate and carries out the terms of the Will by doing the following.  The executor:

• locates, gathers, and secures estate property such as funds on deposit in financial institutions, personal possessions, real estate, and business interests
• opens up a bank account for the estate being sure to not commingle any personal funds with funds of the estate
• pays expenses of the estate, taking care to be sure all expenses are legally valid debts of the estate
• keeps accurate and complete records and accounting of all income and expenses of the estate
• provides legal notice to creditors within 30 days of appointment
• files a sworn inventory of the estate within 90 days of appointment 
• brings or maintains any claims on behalf of the estate such as lawsuits or claims for money owed
• keeps beneficiaries informed 
• sell or distribute property of the estate 
• provide legally required information to beneficiaries such as the inventory and accounting, and update beneficiaries on major developments
• after estate administration is completed, distribute proceeds to beneficiaries

Do I Need a Probate Attorney to Probate a Will?

Certain probate procedures (described below) do not legally require an attorney; however, as you can see, the role of an Executor entails important duties and great responsibility.  An experienced probate attorney provides legal advice, guidance and support to the executor, and prepares and files the legal filings and notices for the estate.  A probate attorney can help the Executor avoid or resolve disputes among heirs.  Because executors can be held personally responsible for their actions as an executor, the vast majority of executors choose to hire a probate attorney for the probate process, and in many cases, an attorney is legally required in probate court.

When You Must Hire an Attorney in Probate Court

In Texas, you are required to hire an attorney in probate court if you are serving as the executor (when there is a will) or administrator (when there is no will) of an estate and the estate has heirs, beneficiaries, or creditors other than yourself.

This is because:

• As the executor or administrator, you are legally representing the interests of others in court.  You are representing heirs or beneficiaries named in the will and creditors who are owed money.
• Under Texas law, only licensed attorneys can represent others in court. That means you, as a non-lawyer, cannot step into court and act on behalf of those other parties.
• If you try to proceed without an attorney, the court will typically not allow you to move forward with the case, and your filings may be rejected.

So, for example:

• If you are the named executor of your parent’s will and there are multiple siblings or other beneficiaries, you must hire an attorney because you are representing their legal interests in probate court.
• If the estate owes debts to a credit card company, mortgage lender, or other creditor, you must hire an attorney because those creditors’ rights are being represented in the probate case.

The only time you might not need an attorney is if you are the sole beneficiary and the estate has no debts — but even then the court may require you to hire a probate attorney.

If you’re searching for a “probate lawyer near me” or wondering whether you can do this on your own, consider the complexity of the estate. If the estate includes real estate, business interests, or potential disputes, legal help is highly recommended.

How Long Does Probate Take?

The length of probate depends on the estate’s size and complexity:

• Simple estates: 6–9 months
• More complex estates: 12–18 months or longer

Delays often come from creditor claims, disputes between heirs, or missing paperwork. A local probate attorney can often shorten the process by keeping things organized and moving forward efficiently.

How Much Does Probate Cost?

The cost of probating a will varies by state, but typical expenses include:

• Court filing fees
• Attorney fees (flat rate, hourly, or percentage of estate)
• Appraisal fees for property or business assets
• Publication costs for required legal notices

Most probate attorneys will explain fees upfront during your initial consultation.

What Happens If There Is No Will?

If your loved one died without a will, the estate is legally called intestate, and the estate will pass through the laws of intestate succession.  In order to probate the estate, a probate process called a determination of heirship will be necessary and an administrator will need to be appointed.  All heirs will need to consent to the appointment of the administrator in order for the administration to move forward independent of court order for every action in administration.  This process is generally even more complicated than probate of a will, making it even more important to work with a probate attorney.

What If Family Members Disagree During Probate?

Unfortunately, disputes among heirs or beneficiaries can happen. A probate attorney can:

• Mediate family disputes
• Ensure the executor follows state law
• Represent the estate in court if needed

Having legal guidance helps prevent costly mistakes and protects the executor from being caught in the middle.

Call a Probate Attorney for Help Today

Being an executor can feel overwhelming, but you don’t have to go through the probate process alone. A probate attorney can guide you every step of the way, help avoid costly mistakes, and give you peace of mind.

👉 Call the Law Office of Laura Vale, PLLC today at (210) 588-9881 to schedule your free consultation.