Probate & Guardianship
Steady guidance through the Texas probate and guardianship process — in plain language, at a difficult time.
Not Every Estate Needs a Full Probate
Texas offers several different paths depending on the size of the estate, whether there is a valid will, and what kind of assets are involved. Some estates can be handled through affidavits of heirship or a small estate affidavit. Others require a formal administration. One of the first and most valuable things Abby does for a new probate client is figure out the simplest, most cost-effective path forward — before any court filings are made.
Probate
Independent Administration
Texas is unusually friendly to independent administration, a streamlined form of probate that keeps most of the process out of the courtroom after the initial appointment. When the will allows for it, or when the heirs agree, this is typically the most efficient way to administer an estate. Abby prepares the application, shepherds the administrator through the appointment hearing, and guides the administration from inventory through final distribution.
Dependent Administration
When a full independent administration is not available or not appropriate, dependent administration provides court-supervised handling of the estate. It is more formal and more involved than independent administration, but in the right case — for example, when there are contested claims or heir disputes — it provides a higher level of accountability and protection. Abby handles dependent administrations with careful attention to statutory deadlines and reporting requirements.
Adoptions & Step-Parent Adoptions
Adoption is one of the most rewarding cases a family lawyer handles. Abby guides families through the Texas adoption process with the care and attention it deserves, including step-parent adoptions and adult adoptions. Every adoption requires careful attention to standing, notice, consent, and termination issues — Abby makes sure each piece is handled correctly so the final order is secure.
Muniment of Title
When the only real issue is transferring title to real property under a valid will, muniment of title can be a fast and inexpensive alternative to a full probate. Abby evaluates whether muniment is the right tool in your situation and, if so, prepares the application and order to move title efficiently.
Affidavits of Heirship
When someone dies without a will, Texas law provides several ways to establish who the rightful heirs are. An affidavit of heirship is often used to clear title to real estate when a formal probate is not otherwise necessary. Abby prepares and helps execute these affidavits with the level of detail needed to withstand future title review.
Prenuptial & Postnuptial Agreements
A well-drafted marital agreement is not about planning for failure — it is about clarity and protection. Premarital (“prenuptial”) and marital (“postnuptial”) agreements can address property characterization, business interests, inheritances, and spousal support. Abby drafts agreements that are enforceable under Texas law and tailored to what actually matters to you and your partner.
Small Estate Affidavits
For smaller intestate estates that meet specific statutory thresholds, a small estate affidavit can allow heirs to collect assets without opening a formal administration. Abby evaluates eligibility, drafts the affidavit, and coordinates the filings so heirs can move forward quickly.
Will Contests & Probate Disputes
Disputes over wills and administrations can be emotional and expensive. Whether you are the named executor, an heir, or a beneficiary who believes something is wrong, Abby evaluates the legal and factual strength of the dispute honestly, and represents clients in contested probate matters when litigation is the right path.
Guardianship
A Texas guardianship is a court-supervised arrangement that allows one person (the guardian) to make decisions for another person (the ward) who cannot safely make those decisions for themselves. It is a significant legal step — because it limits a person’s rights, Texas law requires evidence, procedural protections, and ongoing court oversight. Abby helps families pursue guardianship where it is genuinely needed, and, equally important, helps them consider less restrictive alternatives firs
Guardianship of an Incapacitated Adult
Adults can become unable to manage their own affairs for many reasons — dementia, a traumatic injury, a serious illness, or a lifelong intellectual or developmental disability. Where a durable power of attorney or supported decision-making agreement is not available or not enough, a guardianship may be necessary. Abby handles guardianships of the person, of the estate, or of both, with sensitivity to the dignity of the proposed ward.
Less Restrictive Alternatives
Texas law strongly prefers less restrictive alternatives to guardianship whenever they are adequate. These include durable powers of attorney, medical powers of attorney, supported decision-making agreements, and representative payee arrangements. Before filing for guardianship, Abby helps families determine honestly whether one of these alternatives — which preserve more of the person’s autonomy — could do the job.
Probate and Guardianship Clients Throughout the San Antonio Area
Whether you have just lost a loved one, are worried about an aging parent, or have been named an executor and have no idea what to do next, the first step is a conversation. Reach out to schedule a confidential consultation.