FAQs

No. Parents or conservators do not automatically inherit or manage assets on behalf of minors. A fiduciary or guardian is required by law to manage the assets, either appointed by the court or named in a trust or custodial account.

Yes, Jennifer Nichols is Board Certified in Estate Planning and Probate Law. This certification is awarded by the Texas Board of Legal Specialization to attorneys who demonstrate substantial, relevant experience and expertise in these fields. Fewer than 1% of Texas lawyers have earned this prestigious certification, which requires rigorous testing and ongoing education.

No. Under Texas law, minors (under 18) cannot legally own or control most types of property. They lack the legal capacity to manage or make decisions about inherited assets until they reach adulthood, which means the court typically must appoint a guardian to manage the assets until then.

No. Parents or conservators do not automatically inherit or manage assets on behalf of minors. A fiduciary or guardian is required by law to manage the assets, either appointed by the court or named in a trust or custodial account.

Yes, we represent clients seeking Letters Testamentary (when there’s a valid will) or Letters of Administration (for intestate estates), allowing the estate’s personal representative to manage and distribute assets.

Yes, we can help with both Small Estate Affidavits (for simple estates qualifying under Texas law) and Affidavits of Heirship (to document heirs and establish rightful ownership outside of court).

During your consultation, we’ll review the circumstances and help you determine the most efficient and appropriate probate option for your needs. Several key factors to consider are: Whether there is a valid will, the size and complexity of the estate, and Family and beneficiary dynamics.

Yes, Jennifer Nichols is Board Certified in Estate Planning and Probate Law. This certification is awarded by the Texas Board of Legal Specialization to attorneys who demonstrate substantial, relevant experience and expertise in these fields. Fewer than 1% of Texas lawyers have earned this prestigious certification, which requires rigorous testing and ongoing education.

Courts issue Letters Testamentary to give an executor the legal authority to manage and settle a deceased person’s estate. Letters Testamentary allow the executor to pay debts, file taxes, access bank accounts, transfer property, and distribute assets to beneficiaries according to the will. The court confirms the executor’s eligibility and authority during probate before issuing Letters Testamentary. Without Letters Testamentary, an executor cannot legally act on behalf of the estate.

If no special arrangements, like trusts or custodianships are in place, the court will appoint a guardian of the estate to manage the minor’s inheritance. This guardianship process can be costly, time-consuming, and heavily supervised by the court. Once the minor turns 18, they gain full control of the assets, regardless of their financial maturity.

A Judicial Determination of Heirship is a court process to legally establish the heirs of an estate when there is no will. We regularly assist clients with this procedure to ensure proper transfer of assets.

In Texas, a Muniment of Title is a special probate process used to prove the validity of a will and transfer property without the need for full estate administration. It applies when the deceased person left a valid will and the estate has no unpaid debts (except for certain liens on real estate). Unlike traditional probate, the court admits the will as a Muniment of Title but does not appoint an executor or personal representative to administer the estate. This process is unique to Texas and provides a streamlined way to establish title and transfer assets without full probate administration.

After someone passes away, the probate is the process that validates their will (if one exists), settles any debts and taxes, and distributes the remaining assets to the rightful heirs or beneficiaries. If there is no will, the court directs the distribution of the estate according to state law. Probate ensures that the estate transfers properly and that all legal and financial matters resolve in an orderly way.

We provide Texas probate services including: Muniment of Title; Issuance of Letters Testamentary; Issuance of Letters of Administration; Judicial Determination of Heirship; Small Estate Affidavit; and Affidavit of Heirship. We help guide families through every phase of the probate process.