Probate Lawyer & Estate Planning Attorney in Plano, TX
We guide Plano families through probate, estate planning and guardianship by explaining each court step and each document in plain language, so a grieving family is never left guessing what to file, who has authority, or what happens next.
If you are searching for a probate lawyer in Plano, TX, you may be handling a parent's or spouse's estate for the first time while still grieving. Our office is at 12800 Westridge Boulevard, Suite 161, Frisco, TX 75035, a short drive from Plano, and we help families across Plano and Collin County settle a loved one's estate, plan ahead, and care for family members who need help.
Settling a Loved One's Estate in Plano, One Step at a Time
In Texas, an estate is probated in the county where the person lived, and Plano spans two counties. Knowing which court handles your loved one's estate is the first question most families ask us, and the answer depends on the address:
- Most of Plano is in Collin County, so most Plano estates go to the Collin County Probate Court in McKinney.
- The western edge of Plano is in Denton County, and estates of residents there go to the Denton County Probate Court.
As Plano probate lawyers, we prepare the filings, attend the hearing with you, and stay with you until the estate is settled, explaining each step of
Texas probate in words that make sense.
The Probate Paths We Handle for Plano Families
The right path depends on whether there is a will, what the estate holds, and whether there are debts:
- Probate of a will (testate probate): the court confirms the will is valid and appoints the executor named in it to settle the estate.
- Intestate probate and determination of heirship: when there is no will, the court identifies the legal heirs under Texas law and may appoint an administrator.
- Muniment of title: when there is a valid will and no debts other than those secured by real estate, the court can admit the will and transfer property without appointing an executor.
- Small estate affidavit: for estates without a will valued at $75,000 or less, not counting the homestead and exempt property, heirs may be able to collect assets without a full administration.
We help you choose the simplest path that fits your family, which often saves time and cost.
What to Do First After a Loved One Dies in Plano
The first weeks are confusing, and a few early steps make probate smoother:
Locate the will
Look for the original signed will, not a copy, in a safe, file cabinet or safe deposit box. Texas courts generally require the original.
Gather account and property information
Collect bank and retirement statements, deeds, vehicle titles, life insurance policies and recent bills. This gives us a clear picture of what the estate holds and what it owes.
Hold off on distributing assets
Do not sell, divide or give away property until someone has legal authority from the court. Acting too early can create problems for the estate and for you personally.
Call us before you file anything
We review what you have gathered, tell you which path fits, and explain what the court in Collin or Denton County will expect.
A Plano Estate Planning Lawyer Who Helps Your Family Avoid Probate
Most of what a family faces in probate can be settled ahead of time. A thoughtful estate plan names the people you trust, keeps decisions out of a courtroom, and spares your children the process described above.
The core documents in a Plano family's plan:
- Last Will & Testament: directs who receives your property and names the executor of your estate.
- Revocable Living Trust: holds your assets during your life so they pass to your family outside of probate.
- Durable Power of Attorney: gives someone you trust authority over your finances if you cannot manage them.
- Medical Power of Attorney: names the person who makes health care decisions when you are unable to.
- HIPAA Authorization: lets the people you choose speak with your doctors and see your medical information.
- Directive to Physicians: puts your wishes about life-sustaining treatment in writing.
- Declaration of Guardian: tells a Texas court who you want as guardian for your children or for yourself.
Because assets held in a
revocable living trust pass outside probate, a trust is often the most direct way to keep your family out of court. When the time comes, we also guide the trustee through carrying it out.
A Guardianship Attorney Plano Families Can Turn To
Guardianship gives someone legal authority to make decisions for a person who cannot make them alone. Texas recognizes two kinds, and a court may appoint one or both:
- Guardianship of the person covers daily care, such as where someone lives and what medical treatment they receive.
- Guardianship of the estate covers money and property, such as paying bills and managing accounts.
Guardianship cases for Collin County residents are heard in the same Collin County Probate Court that handles probate. We explain the process, prepare the application, and help you through each hearing.
When Plano Families Need a Guardian
The situations we handle most often:
- An aging parent who can no longer manage their own care or finances (elder guardianship).
- A minor who inherits property or life insurance proceeds and cannot legally manage them (guardianship for minor heirs).
- A child with special needs turning 18, supported by a Certificate of Medical Examination from a physician (special needs guardianship).
Less Restrictive Alternatives to Guardianship
Texas courts must consider less restrictive options before appointing a guardian, and many families prefer them because they preserve a loved one's independence and dignity. The alternatives we use include:
- Supported decision-making agreements, which let an adult make their own choices with help from someone they trust.
- Management trusts, which let a trustee manage property for someone without a full guardianship of the estate.
- Special needs trusts, which provide for a loved one with a disability without putting SSI or Medicaid at risk.
- Durable and medical powers of attorney, which name decision-makers in advance while a person still has capacity.
Why Plano Families Trust Amy L. Jenkins With Probate
20+ years of legal practice
Amy's path to this work began with a probate case of her own. When her grandmother passed away in 2003, Amy probated her will and watched her family divide over the estate. That experience is why she helps families plan ahead, and why she guides every probate client with patience.
What you can expect from us:
- Amy explains legal language carefully, so you leave every conversation knowing where your case or plan stands.
- Our relationship does not end when the paperwork does, and we remain available for questions for years afterward.
- You work with a small, personal team, including paralegal Ash Jenkins, who knows your family by name.
- Amy is a member of the State Bar of Texas, the Collin County Bar Association and the Collin County Women Lawyers Association.
Our clients’ stories
What Our Clients Say About Working With Amy
Probate and Guardianship Questions From Plano Families
Which court handles probate for someone who lived in Plano, Texas?
It depends on which side of the county line the person lived on. Most Plano residents live in Collin County, so their estates go to the Collin County Probate Court in McKinney. Residents of the western edge of Plano live in Denton County, and their estates go to the Denton County Probate Court.
Do I need a probate lawyer in Plano if my parent had a will?
In most cases, yes. Texas courts generally require an executor to be represented by an attorney, because the executor acts on behalf of the estate and its beneficiaries. A lawyer can also tell you whether a faster option, such as a muniment of title, fits your parent's estate.
What happens when someone in Plano dies without a will?
Texas law decides who inherits, and a family member usually asks the probate court to determine heirship. The court identifies the legal heirs and may appoint an administrator to manage the estate. If the estate is valued at $75,000 or less, not counting the homestead and exempt property, a small estate affidavit may be an option.
Are there alternatives to guardianship for an aging parent in Texas?
Yes. Texas courts must consider less restrictive options first, such as a durable power of attorney, a medical power of attorney, a supported decision-making agreement or a management trust. If your parent still has capacity, signing powers of attorney now can often make guardianship unnecessary later.
Talk With a Plano Probate and Estate Planning Attorney Today
Whether you are settling a loved one's estate, planning for your own family, or worried about a parent who needs help, you do not have to carry it alone. Call us or schedule a free 15-minute call, and we will explain where you stand and what the next step is.
