The period following a loved one's death is difficult enough without the complexity of navigating the Texas probate system. Texas probate law offers multiple pathways for administering an estate — from independent administration for uncomplicated cases to muniment of title for straightforward real property transfers — and choosing the right pathway can save the estate significant time and expense.
Murray | Lobb has guided families and fiduciaries through Texas probate and estate administration for more than 35 years. We handle matters ranging from routine independent administrations to complex estates with business interests, disputed claims, and contested heirship. We practice in the probate courts of Harris, Galveston, Fort Bend, Brazoria, Chambers, and Montgomery Counties.
Areas of Focus
Independent administration is the most common and efficient form of Texas probate. When a decedent's will authorizes independent administration — or when all interested parties agree to it — the executor can administer the estate without court supervision at every step, significantly reducing cost and delay.
We guide executors through the entire independent administration process: filing the application, securing the court's order admitting the will to probate and appointing the executor, publishing the required notice to creditors, inventorying and appraising estate assets, satisfying valid creditor claims, and distributing the estate to the beneficiaries. We handle the legal requirements so executors can focus on the practical tasks of winding up an estate.
When independent administration is not available — because the will does not authorize it and the interested parties cannot agree — the estate must be administered under court supervision. Dependent administration is more costly and time-consuming, but it provides court oversight that can protect beneficiaries and creditors when relationships among interested parties are contentious.
We represent executors and administrators in dependent administration proceedings, handling the required court filings, inventory and appraisement submissions, and applications for court orders authorizing estate transactions.
When a decedent's only significant asset is Texas real property, and the estate has no unpaid debts (other than a mortgage secured by the property), muniment of title offers a streamlined alternative to full administration. The procedure results in a court order that can be recorded in the real property records, clearing title to the property in the beneficiaries' names without the full apparatus of estate administration.
We evaluate whether muniment of title is appropriate for a given estate and, when it is, handle the proceeding efficiently.
When a person dies without a will — or when a will does not address all of the decedent's property — Texas law requires a determination of heirship to establish who is entitled to the estate. Heirship proceedings involve the appointment of an attorney ad litem to represent unknown heirs and require testimony establishing the decedent's family history.
We handle heirship determinations both as standalone proceedings and in conjunction with estate administration, ensuring that the legal ownership of estate assets is established clearly and that the court's order can be used in subsequent real property transactions.
When a decedent was domiciled in another state but owned real property in Texas, Texas law requires an ancillary probate proceeding to establish title to the Texas property. We handle ancillary probate proceedings, working with the estate's primary counsel in the domicile state to coordinate the Texas proceedings efficiently.
Inherited property frequently carries title defects — gaps in the chain of title, missing probate proceedings from prior generations, improperly prepared deeds, or informal ownership transfers that were never documented. These problems surface when the property is sold or refinanced, often at the worst possible time.
We identify and resolve inherited property title problems through the appropriate legal mechanism: muniment of title, affidavits of heirship, suits to quiet title, or formal administration of previously unadministered estates. We work with title companies and underwriters to ensure that our resolution produces insurable title.
Creditors of a decedent have specific rights and specific deadlines under Texas probate law. We represent both estates defending against creditor claims and creditors seeking to establish and collect valid claims against estates. Texas law provides a structured priority scheme for payment of estate debts, and understanding that scheme is essential for both fiduciaries and creditors.
Not every estate administration proceeds without conflict. We handle probate litigation including:
- Will contests — challenging or defending the validity of a will on grounds of lack of testamentary capacity, undue influence, fraud, or improper execution
- Breach of fiduciary duty claims against executors and administrators who have mismanaged estate assets
- Removal proceedings for executors who are unfit or who have committed waste
- Disputes among beneficiaries about the construction or interpretation of will provisions
- Claims involving inter vivos gifts or transfers made shortly before death
Probate litigation requires attorneys who understand both the substantive law of wills and estates and the procedural rules governing contested probate proceedings. We bring both.
Executors and administrators who retain us get active guidance, not just document preparation. We explain the process at every step, identify the decisions that require legal judgment, and handle the filings and court appearances that move the estate forward. We are direct about timelines and costs, and we do not manufacture complexity in straightforward matters.
For families dealing with a difficult estate — significant assets, business interests, contested relationships among beneficiaries, or prior title problems — we bring the depth of experience to handle complications without unnecessary drama or expense.