Attorneys at Law
Who Qualifies
A Small Estate Affidavit is available when the total value of the estate is under $75,000, not including the homestead. There must be no will, and all known heirs must be identified. The estate must have no unpaid debts, and the homestead must be occupied by a surviving spouse or an unmarried child of the deceased.
Why It Saves Time
A Small Estate Affidavit offers a simpler alternative to full probate by avoiding court hearings and the formal appointment of an executor. While it still requires court approval, the process is typically quicker and less complex. This can help families access funds or transfer ownership without unnecessary delays.
What It Can Be Used For
A Small Estate Affidavit can be used to transfer title to a homestead and collect assets like bank accounts, vehicles, or other personal property when someone dies without a will. Once the court approves the affidavit, it can be presented to banks, the DMV, and filed with the county clerk to clear title and settle the estate.
How We Help
We prepare and file the Small Estate Affidavit on your behalf, making sure it meets all court requirements and includes the correct information about the heirs and estate assets. Our team handles the legal details so you can focus on taking the next steps with confidence.
Understanding Intestate Probate in Texas
When someone dies without a will, they are considered to have died intestate. In these cases, Texas law determines who inherits the estate based on a specific order of succession. Even without a will, probate is often required to transfer property, pay debts, and settle the estate legally and properly.
There are two main types of probate administration available in intestate cases: independent administration and dependent administration. The type of probate depends on the family’s agreement, the complexity of the estate, and whether any legal disputes exist.
A Simple Way to Transfer Property Without Probate
An affidavit of heirship is often used to transfer real estate when someone passes away without going through the probate process. It is most commonly used when the person died without a will, but it can also be used when a will exists and simply confirms the same heirs as Texas law would. The affidavit is signed by two disinterested witnesses who can confirm the family history and relationship of the heirs.
Once recorded with the county clerk, the affidavit becomes part of the property’s title history. Over time, it can serve as a basis for transferring, refinancing, or selling the property. While it does not carry the same legal weight as a court order, it is often accepted by title companies when the facts are straightforward and uncontested.
When This Option Works Best
Affidavits of heirship are most effective when the estate is simple, the only significant asset is real estate, and there are no major debts or disputes. While the heirs do not need to agree in order to record the affidavit, full cooperation is usually required if the property will be sold. Most title companies will not allow a sale unless all heirs participate in signing the deed or related paperwork.
This process is not a good fit when the will names beneficiaries who are different from the legal heirs under Texas law, or when the estate includes other complex assets. We help clients determine whether this is the right path forward, and if so, we prepare the affidavit, gather the required signatures, and make sure it is properly recorded so ownership can be clearly established.
When a loved one passes away and leaves a valid will, the estate usually qualifies for independent administration, a streamlined form of probate under Texas law.
This process allows the executor to handle the estate with minimal court supervision, saving time and reducing costs.
Helping Texas Families
Navigate Probate
With Clarity and Confidence
At Mauro & Mauro, we guide families, executors, heirs, and creditors through every stage of the probate process. Whether there is a will or not, we make the process easier to understand and easier to manage.
We serve clients across Mesquite, Dallas County, and Texas with practical legal support and honest answers.
Probate With a Will
What Is Independent Administration?
Independent administration begins when the court approves the will and formally appoints an executor. Once appointed, the executor has the legal authority to manage the estate without needing court approval for every decision or transaction. This includes paying debts, selling property, and distributing assets.
Most wills in Texas specifically request independent administration. If that language is included, the court will usually grant it unless there is a legal reason not to. This process reduces delays, limits court involvement, and helps families move forward more efficiently.
What If No Executor Is Named?
If the will does not name an executor, or if the person named has passed away, declined to serve, or is not eligible under Texas law, a family member or beneficiary can apply to serve as the executor. The person applying must be an interested party and capable of handling the responsibilities involved in managing the estate.
The court can appoint someone to act as executor if they meet the qualifications and if the other heirs are in agreement. We assist clients by preparing the necessary court filings and supporting documents. Whether the appointment is uncontested or there is disagreement among family members, we guide clients through the legal process and advocate for a fair and proper outcome.
Are Handwritten Wills Valid?
Handwritten wills, also called holographic wills, are valid in Texas if they meet specific legal requirements. The entire will must be in the handwriting of the person who created it, and it must clearly express their intent to distribute their property after death. Unlike formal wills, handwritten wills do not need to be witnessed. However, the court will require proof that the handwriting is authentic, which usually involves testimony from someone familiar with the person’s writing.
We help families determine whether a handwritten will meets Texas legal standards. Our team prepares the required affidavits, helps locate witnesses, and presents the will in court so it can be accepted for probate. If you are unsure whether a handwritten document is a valid will, we can guide you through the next steps and help protect your legal interests.
What Does the Process Involve?
-
File the will and application for probate
-
Attend a short court hearing to prove up the will
-
Receive Letters Testamentary, which give legal authority to the executor
-
Notify beneficiaries and creditors
-
File an inventory or affidavit in lieu of inventory
-
Pay debts and distribute assets according to the will
We assist executors with every part of this process, including court filings, deadlines, notices, and property transfers. You can count on us to provide clear guidance and dependable support from the very beginning of the case until the final distribution of assets is complete.
Why Legal Guidance Matters?
Even when probate seems simple, there are a lot of steps that can cause problems if something is missed. Executors have legal responsibilities under the Texas Estates Code, and if they do not follow the required procedures or handle the estate incorrectly, they can be held personally liable.
At Mauro & Mauro, we guide our clients through each part of the process. We help with paperwork, explain what to expect, and make sure everything stays on track. Our goal is to keep things clear and manageable from start to finish.
Dependent Administration Without a Will
A Court Supervised Process for Complex or Contested Estates
When someone dies without a will and the heirs do not agree on who should manage the estate, or when there are minor children, legal disputes, or complicated assets, the court will require dependent administration. This process involves more oversight and formal steps to ensure the estate is handled properly and fairly.
The administrator must request court approval before making most decisions, such as paying debts, selling property, or distributing assets. They are also required to post a bond, file inventories and accountings, and submit regular reports to the court.
We assist administrators at every stage, from filing the initial application to preparing reports and attending court hearings. Although dependent administration takes more time, it provides an added level of protection when there is disagreement or risk involved.
Best For:
-
Families who cannot agree on an administrator
-
Estates involving minor children or missing heirs
-
Significant debt or creditor claims
-
Complex or disputed property and asset issues
Probate Without a Will
Independent Administration Without a Will
A Streamlined Option When Heirs Cooperate
When someone dies without a will, Texas law allows the heirs to request that the court appoint someone to serve as the administrator of the estate. If all heirs agree on who should be appointed, the court may approve independent administration, which allows the estate to be settled with minimal court oversight.
The administrator is responsible for gathering the estate’s assets, paying debts, and distributing the remaining property according to Texas intestacy laws. Unlike dependent administration, the administrator does not need court approval for each decision, which helps save time and reduce legal costs.
We help prepare the application, verify the list of heirs, and handle the court filings to ensure the administrator is properly appointed. Once in place, we continue guiding families through inventory, notice requirements, and the final distribution of the estate.
Best For:
-
Estates without a will but full agreement among heirs
-
No minor heirs or legal disputes
-
Straightforward assets such as bank accounts, vehicles, or a homestead
-
Families seeking a faster, less expensive probate process
Small Estate Affidavit
Affidavit of Heirship
Will Contests
Legal Reasons a Will Can Be Contested
A will can be challenged if there are valid legal concerns about how it was created or whether it truly reflects the wishes of the person who passed away. Common reasons to contest a will include lack of mental capacity, undue influence by another person, fraud, or the will not being signed properly under Texas law.
How We Help You Navigate a Will Contest
We represent both individuals who believe a will is not valid and those who need to defend a will that is being challenged. Will contests are often emotional and complex, especially when family members disagree. We take the time to understand your concerns, gather evidence, and present your case clearly in court. Whether you are raising a challenge or responding to one, we are here to protect your rights and guide you through the process.
Creditor Claims
Filing or Responding to Claims Against an Estate
When someone passes away, their debts do not automatically go away. Creditors have the right to file claims against the estate, but they must follow specific procedures and deadlines under Texas law. This includes submitting a formal written claim and providing supporting documentation. We help individuals and businesses file valid claims properly so they can be considered by the executor or administrator. Common claims include medical bills, funeral expenses, loans, credit cards, and court judgments.
Helping Executors Handle Creditor Issues
If you are serving as the executor or administrator of an estate, you are responsible for reviewing and responding to any claims that come in. Some claims can be accepted and paid, others may be rejected or disputed. We help you determine which debts are valid, ensure the estate follows the correct order of payment, and protect you from personal liability. With our help, you can manage creditor claims with confidence and keep the estate process on track.
Probate Law -
