Kendall and Bexar County Estate Planning
Texas Estate Planning Blog
Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.
When a loved one passes away, families are often left with questions about what comes next. For many, one of the most pressing concerns is: “How do I probate a will in Texas?”
In Boerne, San Antonio, and Kerrville, probate is a reality for many families who inherit property, accounts, or other assets. Probate is the court process that ensures debts are paid and assets are properly transferred. While the concept may sound straightforward, the details are often complicated — and mistakes can mean costly delays.
Families also worry about timelines and expenses. Questions like “How much does a probate attorney cost in Texas?” or “Can you probate a will in Texas without a lawyer?” are common, especially when dealing with high-value estates in Texas.
This guide explains how to probate a will in Texas, explores timelines, breaks down costs, and outlines alternatives such as trust planning and business succession.
TL;DR – Quick Takeaways
Table of Contents
Probate is the legal process that occurs after someone dies, ensuring their debts are settled and their property is distributed.
In Texas, probate can be more efficient than in other states due to unique procedures, such as independent administration and the muniment of title option. These allow many families to handle probate with less court involvement.
Still, whether you’re working with a probate lawyer in Boerne, Texas, or considering probate administration in San Antonio, it’s essential to understand the basics before starting.
Understanding the process helps families know what to expect. Here’s a simplified version of how to probate a will in Texas:
Each step involves paperwork, deadlines, and sometimes court appearances. Having a probate lawyer near me in Texas ensures nothing is overlooked.
Many families ask: “How long will probate take?”
Delays often happen when paperwork is incomplete, debts are contested, or family disputes arise. Whether you work with a probate lawyer in San Antonio or a probate lawyer in Kerrville, Texas, the guidance you receive can help shorten the process.
(According to the American Bar Association, the average probate nationwide lasts 12–18 months, source).
One of the top concerns is: “How much does a probate attorney cost in Texas?”
The good news? Probate attorney fees in Texas are typically paid from the estate itself, not directly out of the executor’s pocket.
For high-value estates, costs may increase, making planning with tools like trusts or estate tax planning critical.
Technically, yes. In most cases, Texas law requires legal representation because probate involves representing the estate in court.
Some families wonder, “Can you probate a will in Texas without a lawyer?” The answer is usually no — especially if there are real estate assets or debts involved. A probate attorney in San Antonio or a probate lawyer in Kerrville, Texas, can supply essential guidance.
Learn more about why trusts and planning matter in our blog: Why Your Estate Plan Needs More Than Just a Will to Avoid Probate.
Not every estate has to go through complete probate. Families may consider these alternatives:
Assets placed in a trust bypass probate and transfer directly to beneficiaries.
With proactive strategies, families can reduce the need for probate.
For family-owned businesses, probate can be a disruptive process. A well-planned business succession plan ensures continuity while avoiding unnecessary court involvement.
Local considerations often affect probate.
Across all three regions, the process is smoother when families plan and seek guidance early.
Probate in Texas may feel overwhelming, but with preparation and skilled guidance, families can move forward confidently. Understanding how to probate a will in Texas, knowing the timelines to expect, and being aware of alternatives can significantly reduce the stress associated with the process.
At McCammon Law, P.C., we guide families in Boerne, San Antonio, and Kerrville through probate, estate planning, and business succession with clarity and care.
📌 To take the next step, we invite you to request a consultation with our team. We’ll review your situation, answer your questions, and help you create a path forward.
You can also join our free educational webinar — a practical way to learn more about probate and planning for your family’s future.
So, will your family face years of uncertainty in probate court, or will you take action today to ensure a smoother process?
File an application, attend court, validate the will, notify creditors, settle debts, and distribute assets.
The average probate timeline in Texas is 6–18 months, depending on the estate’s size and whether disputes arise.
Fees vary but are usually based on estate value. They are typically paid from the estate, not by the executor personally.
Most cases require an attorney due to court rules and estate complexity. Attempting probate without representation often leads to delays.
No. Small estates or assets placed in a trust may avoid probate through simplified procedures.
Living trusts, joint property ownership, payable-on-death accounts, and proactive estate and tax planning can help families avoid the probate process.
Fees are paid directly from the estate before heirs receive distributions.
Assets remain in limbo, and heirs may lose legal rights until probate is finalized. Real estate transfers in places like Boerne often stall until probate is complete.
Costs depend on the size and complexity of the estate. A probate lawyer in Boerne, Texas, will typically bill fees that are paid out of the estate.
Yes. With planning tools like living trusts or business succession strategies, families in Boerne and surrounding areas can often reduce or bypass probate.
Boerne/San Antonio Office
138 Old San Antonio Rd.
Suite 504
Boerne, TX 78006
Office Hours
Mon-Thu: 8:30am-5:00pm CT
Friday: by appointment only
closed during lunch at 12:30pm-1:30pm
