Texas Probate - Collin County

TEXAS PROBATE — If the Decedent did not have a Will, the Small Estate Checklist may be helpful.  If a valid Will exists, please download the Will Probate Application (PDF) form.  For more information about legal services and fees please consult our Legal Services Schedule.


Will Probate Application

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Probate is the process for transferring assets and discharging debts of an estate.  Many assets can be transferred without having to initiate a probate proceeding. Some common assets that can be transferred outside of probate include community property with right of survivorship, accounts that have a payable upon death (POD) beneficiary, life estates, certain annuities with a survivor’s benefit, as well as property that has been placed into a trust. These assets usually can be transferred by simply providing a copy of a death certificate to the appropriate fiduciary agency. However, there are other situations where assets cannot be transferred without an official legal proceeding that establishes the particular rights of inheritance for different types of property. This legal proceeding is called probate. Probate is usually necessary when a person dies without a will and/or has not made arrangements for what should happen to their property after their death. The type of probate process that is required often depends on the nature and extent of the assets as well as the amount of debt that is involved. For a person who dies without a will and has only a modest amount of assets without any debt, the probate process might be completed simply by filing an Affidavit of Heirship. However, in some situations, filing an Affidavit of Heirship is not always advisable as this method is not accepted by certain title companies, banks, and insurance companies. It is advisable to seek the advice of an attorney to determine what type of probate process is necessary.

Legal Services Schedule


For more information please request a copy of our Legal Services Schedule (PDF format).


The Summit, McKinney, Texas