El Paso Probate Lawyer: Settle a Loved One's Estate Without the Runaround
Flat-fee probate and estate administration in El Paso County Probate Courts No. 1 and No. 2, from simple affidavits to full independent administration.
Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas
When someone dies in El Paso, their house, bank accounts, vehicles and other property do not transfer on their own. Someone has to use the right legal tool to move title to the surviving spouse, children or other heirs. Texas gives families several options under the Texas Estates Code, from a muniment of title or small estate affidavit for simple situations to independent administration for larger estates and a determination of heirship when there was no will. Choosing the wrong one wastes months and money, which is why Navar Law starts every probate matter with a short, honest evaluation of what the estate actually needs.
Attorney Robert Navar has handled probate matters in El Paso County Probate Courts No. 1 and No. 2 for more than a decade and charges a flat fee quoted before any work begins. Several of these procedures, including the small estate affidavit and the affidavit of heirship, require no court appearance at all. The ones that do, such as a muniment of title or independent administration, involve a single short hearing the attorney handles, often by Zoom. Keep in mind that Texas Estates Code § 256.003 generally gives you four years from the date of death to probate a will, so it pays to call early.
Services in this practice area
Muniment of Title
When the deceased left a valid will and no unpaid debts other than a mortgage, a muniment of title transfers the house and other property without appointing an executor.
Learn moreNo court appearanceSmall Estate Affidavit
For El Paso families whose loved one died without a will and left $75,000 or less in assets, a small estate affidavit transfers accounts and the homestead without a hearing.
Learn moreNo court appearanceAffidavit of Heirship
A sworn, recorded statement of the family history that lets heirs sell, refinance or transfer a house or land in El Paso County when a loved one died without a will.
Learn moreOne short hearing, we handle itIndependent Administration
When an estate has debts, accounts to collect or property to sell, independent administration appoints an executor with letters testamentary and lets the family finish the job without constant court oversight.
Learn moreOne short hearing, we handle itDetermination of Heirship
When someone dies without a will and the family needs a binding court order naming the heirs and their shares, a determination of heirship in El Paso County Probate Court is the answer.
Learn moreNot sure where your case fits?
Call or send us a message. A 5-minute conversation is all it takes to get a flat-fee quote.
Common questions
Do I have to go to court to probate an estate in El Paso?
Not always. A small estate affidavit or affidavit of heirship is handled entirely on paper. A muniment of title, independent administration or determination of heirship requires one brief hearing in El Paso County Probate Court No. 1 or No. 2, which we prepare you for and handle; the court frequently allows the applicant to appear by Zoom. Nobody is cross-examined and hearings typically last a few minutes.
How long do I have to probate a will in Texas?
Texas Estates Code § 256.003 sets a general four-year deadline from the date of death. After four years, a will can usually be admitted only as a muniment of title, and only if the applicant was not in default for waiting. Families in El Paso often discover an old will when they try to sell a house, so if you are anywhere near the deadline, call right away.
What happens if my parent died without a will in El Paso?
Texas Estates Code Chapter 201 decides who inherits when there is no will, and the family then needs a procedure to prove it. Depending on the assets and debts, that may be a small estate affidavit, an affidavit of heirship recorded with the El Paso County Clerk, or a court determination of heirship, often combined with independent administration. We will tell you which one fits after one conversation.
Have a legal matter to discuss?
Call the office or send a message. Free case review, no obligation.