Probate Attorney in Frisco, TX

Texas probate, one clear step at a time

We guide Frisco and Collin County families through Texas probate by explaining every step and every document in plain language, so you can settle a loved one's estate without guessing at court filings or waiting on a bank that won't talk to you.

Family-Focused Legal Guidance

Navigate Probate with Confidence and Care

When someone you love passes away, the paperwork arrives before the grief has settled. As a probate attorney in Frisco, TX, Amy L. Jenkins helps families understand what the court needs, what the bank is asking for, and what happens next, so you are never left piecing it together alone.


Probate is the legal process that recognizes a person's death and oversees the management and distribution of their estate. Many people assume a surviving spouse automatically inherits everything, but that isn't always true in Texas, particularly when children from a prior relationship are involved. A careful probate makes sure debts are resolved properly and each beneficiary receives what they are entitled to.


Amy began this work after probating her grandmother's will in 2003 and watching her own family divide over the estate. That experience shapes how we practice today: we explain each step and each document patiently, honor your loved one's wishes, and help keep the estate from coming between the people who are left.

Our probate services include:

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Testate Probate

Testate Probate is the legal process of distributing assets of a deceased loved one with a valid will in place. This allows the court to recognize the will and authorize the executor to manage and distribute the deceased person’s estate according to the terms specified in the will.


Even if all beneficiaries agree on how to distribute and sell the decedent’s assets, they usually will not be able to close mutual funds, sell real estate, or gain access to bank accounts without someone being appointed executor.


Testate probate helps define the process of properly managing assets when a loved one passes and provides the following benefits:

  • Legally empowers the executor to act on behalf of the deceased.
  • Ensures assets are distributed according to the deceased’s wishes.
  • Confirms the will’s validity, preventing future disputes.
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Intestate Probate

Intestate probate is the legal process of distributing the assets of a loved one who died without a valid will. When there is no will, Texas law decides who inherits the estate, and the probate court appoints an administrator to manage and distribute the assets under letters of administration.


We help you through this process by filing an application to determine heirship. The court uses it to identify the legal heirs and, when needed, appoint an administrator to handle the estate. If one of the heirs is a minor, the child's share may need to be held by the court or managed through a guardianship until the child turns 18, and we walk you through that step as well.


The following individuals may file for determination of heirship in Texas:

  • Spouse
  • Children
  • Parents
  • Siblings
  • Other Relatives
  • Creditors
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Muniment of Title

A muniment of title is a simplified probate process that validates a will and transfers ownership of property, often when the main assets are a home or a modest bank account and there are no debts. It skips the appointment of an executor entirely, which makes it one of the quickest and least costly ways to settle an estate in Texas.


For the court to allow a muniment of title, the following requirements must be met:


  • The decedent must have left a valid will.
  • There must be no debts due and owing by the estate, other than debts secured by liens on real estate.
  • There must be no need for formal administration.
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Small Estate Affidavit

A small estate affidavit is a sworn document that lets heirs collect modest amounts owed to an estate, such as a small bank account, or transfer title to a homestead, without a full probate. In Texas, it is available only when the person died without a will.


A Texas small estate affidavit can be used when all of these are true:

  • The decedent died without a will.
  • The estate's assets, not counting the homestead and exempt property, are worth $75,000 or less.
  • The estate's assets, not counting the homestead and exempt property, are worth more than its known debts.
  • At least 30 days have passed since the date of death.
  • No petition to appoint an executor or administrator is pending or has been granted.


The affidavit is signed by the heirs and two disinterested witnesses, then filed with the probate court for the judge's approval. Once approved, it gives banks and other holders of the assets the authority they need to release them to the heirs.

How Texas Probate Works, from Filing to Final Distribution

Most families have never been through probate, and not knowing what comes next is often the hardest part. Here is what a typical Texas probate looks like when a loved one leaves a will or when heirship has been determined.

Pay debts, expenses and taxes

Valid debts, final bills and administration expenses are paid from the estate before anything goes to the beneficiaries. We help you sort which claims are valid and in what order they are paid.

File the application in the county where your loved one lived

Probate begins with an application filed in the county where the person lived at the time of death, along with the original will if there is one. In most cases, a Texas will must be offered for probate within four years of the date of death.

Wait out the notice period and attend the hearing

The court clerk posts public notice of the application, and the hearing can take place after that notice period runs, usually about two weeks after filing. At the hearing, the judge confirms the will is valid, or confirms the heirs, and appoints the executor or administrator.

Take the oath and receive letters

The executor or administrator takes an oath and receives letters testamentary (when there is a will) or letters of administration (when there is not). These letters are the proof banks, brokerages and title companies ask for before they will close an account, release funds or let you sell a house.

Notify creditors and beneficiaries

A notice to creditors is published in a local newspaper, and required notices go to secured creditors and to each beneficiary named in the will. This gives anyone owed money by the estate a fair chance to come forward.

Prepare the inventory

The executor lists every estate asset and its value, typically within 90 days of qualifying. In many independent administrations, an affidavit can be filed in place of the full inventory, which keeps the estate's details out of the public record.

Pay debts, expenses and taxes

Valid debts, final bills and administration expenses are paid from the estate before anything goes to the beneficiaries. We help you sort which claims are valid and in what order they are paid.

Distribute the assets and close the estate

Once debts are settled, the remaining property passes to the beneficiaries named in the will or to the heirs set by Texas law. We prepare the deeds, receipts and closing documents so the estate is wrapped up cleanly.

What an executor is responsible for

Serving as executor is an honor, and it is also a legal duty to the estate and everyone who inherits from it. Along the way, an executor is expected to:



  • Locate, secure and insure estate property, including any house or vehicles.
  • Keep estate money in a separate account and never mix it with personal funds.
  • Keep clear records of every payment made and received.
  • Treat all beneficiaries fairly and keep them reasonably informed.

Assets that pass outside probate

Not everything your loved one owned has to go through the court. Several kinds of assets transfer directly to the named person:

  • Assets held in a revocable living trust, which are handled through trust administration.
  • Life insurance and retirement accounts with a named beneficiary.
  • Bank accounts marked payable on death and investment accounts marked transfer on death.
  • Real estate covered by a transfer on death deed or a lady bird deed.
  • Accounts owned jointly with a right of survivorship.

How Long Does Probate Take in Texas, and What Does It Cost?

Texas probate is often simpler than people expect. Many uncontested estates settle within about six months to a year, and smaller estates that qualify for a muniment of title or a small estate affidavit can move faster than that.

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Independent administration: the path most Texas estates take

Independent administration lets the executor handle the estate with limited court supervision once they are appointed and the inventory is filed. The executor can pay bills, sell property and distribute assets without asking the judge's permission at each step, which means fewer filings, fewer hearings and lower costs.


Dependent administration keeps the court involved in nearly every decision, from selling a car to paying a claim, and requires regular accountings. It is usually reserved for estates where the family cannot agree, the will requires it, or the court sees a reason for closer oversight.

What shapes the timeline and the cost

There is no single price or calendar for probate, but a few factors make the biggest difference:



  • Whether there is a will, and whether it names an independent executor.
  • Whether the family agrees, or someone contests the will or the distribution.
  • The kinds of assets involved, such as real estate, a business or accounts in several states.
  • How many debts the estate owes and whether creditors file claims.
  • Whether a simpler path, like a muniment of title or a small estate affidavit, is available.


During your free 15-minute call, we can talk through which of these apply to your family and what that likely means for your timeline.

Your Collin County Probate Attorney, from Frisco to McKinney

Probate cases for families in Frisco, McKinney, Plano and Allen are heard in one place, and we know it well. Here is what to expect when a loved one lived in Collin County:


  • Cases are heard in the Collin County Probate Court at the Russell A. Steindam Courts Building, 2100 Bloomdale Road in McKinney.
  • Uncontested hearings are often held by Zoom, so many families never need to take a day off work to sit in a courtroom.
  • We prepare you ahead of the hearing, so you know what the judge will ask and what to have ready.
  • We also help families with estates in Dallas, Denton, Grayson and Rockwall Counties.


If you are handling an estate in Plano, you can learn more about how we serve Plano families through estate planning and probate.


Our office at 12800 Westridge Boulevard, Suite 161, in Frisco is small and personal by design. You will work directly with Amy and with our paralegal, Ash Jenkins, who knows your file and can answer your questions between filings.

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Why Families Choose Us

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Answers to Common Texas Probate Questions

  • How long does probate take in Texas?

    Many uncontested Texas probates are completed within about six months to a year. The first hearing often happens within a few weeks of filing, and the remaining time goes to notifying creditors, filing the inventory, paying debts and distributing assets. Disputes, dependent administration or complicated assets can extend the process.

  • How long does it take to probate a will in Collin County?

    In Collin County, a simple will is often admitted to probate at a hearing a few weeks after the application is filed, and uncontested hearings are frequently held by Zoom. From there, an independent administration commonly wraps up within the year. The exact timeline depends on the estate's assets, debts and whether the family agrees.

  • Does a will have to go through probate in Texas?

    In most cases, yes. A Texas will has no legal effect on property until a court admits it to probate, generally within four years of the date of death. If every asset passes outside probate, such as through a living trust or beneficiary designations, probate may not be needed.

  • What are letters testamentary, and how do I get them in Texas?

    Letters testamentary are the court document that proves an executor has authority to act for the estate. You get them by filing an application to probate the will, attending the hearing and taking the executor's oath, after which the clerk issues the letters. Banks, brokerages and title companies ask for them before releasing accounts or allowing a home to be sold.

  • Can I probate a will in Texas without a lawyer?

    Usually not. Texas probate courts generally require an executor or administrator to be represented by a licensed attorney, because that person acts on behalf of the estate and everyone who inherits from it. A small estate affidavit is one of the few paths families sometimes complete on their own.

  • What happens if someone dies without a will in Texas?

    Texas law decides who inherits, based on whether the person was married, had children and whether the property was community or separate. A court determines the legal heirs through an heirship proceeding and, when needed, appoints an administrator. Smaller estates may qualify for a small estate affidavit instead.

  • Can I use a small estate affidavit if my mom died without a will?

    Often, yes. A small estate affidavit is available in Texas only when the person died without a will, the estate is worth $75,000 or less not counting the homestead and exempt property, and at least 30 days have passed since the death. No petition for an administrator can be pending or granted, and the judge must approve the affidavit.

  • What is independent administration in Texas probate?

    Independent administration is a form of probate where the executor manages the estate with limited court supervision. After appointment and the inventory, the executor can pay debts, sell property and distribute assets without court approval for each step. It is the path most Texas estates take because it is faster and less costly than dependent administration.

Spare Your Own Family the Probate Process

Walking a family through probate is often what moves people to make their own plan. A living trust, beneficiary designations and a clear will can keep your loved ones out of court and let them focus on each other. When you are ready, our estate planning services are the next step.

If you are handling a loved one's estate right now, call us at (469) 296-8202 or schedule a free 15-minute call, and we will help you understand exactly where to begin.