Budget-Friendly Attorney Assistance for Texas Probate

Limited Scope. Maximum Value.

Can You Probate a Will Without an Attorney in Texas?

Yes, in certain situations, you can probate a will in Texas without hiring an attorney. However, the law limits this option to specific circumstances—and it’s important to understand both the opportunities and risks involved.

What Does It Mean to Probate a Will Without an Attorney?

Texas allows for self-represented individuals to file a probate case without attorney representation—but only if the case qualifies for a simplified process known as Muniment of Title. This type of probate is used when there is no need for full estate administration, and the will itself can be used to transfer ownership of assets, especially real estate.

Who Qualifies to Probate a Will Without an Attorney?

To qualify to probate a will without a lawyer in Texas, all of the following conditions must be met:

  • You are named as the sole beneficiary in the will.
    If the will names more than one beneficiary, or if there are disputes between heirs, this option may not be available.

  • There is no need for estate administration.
    That means the deceased person did not leave behind unpaid debts, ongoing business matters, or assets that need to be collected and distributed by an executor.

  • The application is filed within four years of the date of death.
    Texas law sets a strict four-year deadline to probate a will, with very limited exceptions.

  • There are no other complications or contests.
    If someone is likely to contest the will or question its validity, court involvement and legal representation will likely be necessary.

What Is the Muniment of Title Process?

The Muniment of Title process is a streamlined way to probate a will in Texas. It avoids the appointment of an executor and the more complex steps required in a full administration. Instead, the will is submitted to the court, and once accepted, it serves as legal authority to transfer ownership of assets, such as a home or bank account.

However, the process is not as simple as it may sound. It still requires:

  • Preparing and filing a formal probate application

  • Filing the will and death certificate

  • Drafting a sworn statements, written testimony, and an order for the judge to sign

  • Attending a court hearing before a judge

  • Complying with all Texas Estates Code requirements

Even if you are representing yourself, the court holds you to the same legal standards as a licensed attorney. This means your documents must be properly drafted, filed with the correct court, and submitted on time. Mistakes can cause delays—or even dismissal of your case.

How Whitney Thomas Law Firm Can Help

At the Whitney Thomas Law Firm, we offer limited scope representation for qualified self-represented probate clients. Our service includes attorney-prepared court documents, a thorough review of your eligibility, and step-by-step instructions to help you navigate the process with confidence.

If you’re unsure whether you qualify or just need help getting started, we’re here to provide the legal tools you need—at a price you can afford.

AN EXPERIENCED PROBATE ATTORNEY
CAN REVIEW YOUR CASE.

What is limited scope representation?

Limited scope representation allows clients to receive affordable, targeted legal assistance without the full cost of traditional representation. In the context of probate, this means that an attorney will:

  • Draft court documents to ensure accuracy and compliance with Texas probate laws

  • Provide legal guidance to help clients navigate the probate process efficiently

  • Empower clients to file and manage their probate case without an attorney appearance

What is NOT included with limited scope representation?

Since limited scope representation is designed to assist the self-represented litigant, the attorney will not talk to others on behalf of the client. In the context of probate, this means that an attorney will NOT:

  • Represent the client in court hearings

  • Communicate with the judge or court staff on behalf of the client

  • Negotiate or correspond with creditors, heirs, or other third parties

When is limited scope representation ideal?

Limited scope representation is ideal for individuals who wish to probate a loved one’s will on their own, but want the confidence of knowing their documents are properly prepared. Limited scope representation allows clients to reduce legal costs while still benefiting from attorney guidance.

To qualify, you must:

  • Texas law requires wills to be probated within four (4) years from the date of death. Exceptions to this rule are allowed, however full attorney representation is required.

  • Texas law does allow the probate of a copy of a will when the original will cannot be produced However, full attorney representation is required.

  • A will that does not meet those requirement MAY still be considered valid and can be probated, however attorney review and full representation is required.

  • The will must name you, the person applying to probate the will, as the sole beneficiary.

LIMITED SCOPE INCLUDES:

INITIAL CONSULTATION & CASE REVIEW

ATTORNEY DRAFTED DOCUMENTS

WALK-THROUGH VIDEO COURSE

RELEVANT COURT INFORMATION

Basic Flat Fee Package: $750.00
*Does not include filing fees, court cost, or expenses.