Do I Need an Attorney to Probate a Will or an Estate in Texas?
If you've just been named executor of a loved one's estate, one of the first questions you're probably asking — right after "where do I even start?" — is whether you actually have to hire a lawyer, or whether you can handle the probate process yourself. It's a reasonable question. Attorney fees are a real cost, and if the estate is simple, paying for one can feel unnecessary.
The honest answer is that for most people serving as executor or administrator, Texas law requires an attorney. But there's an important — and fairly new — exception, along with a handful of situations where self-representation has always been allowed. Here's how it breaks down.
The General Rule: Executors and Administrators Need a Lawyer
In Texas, an individual has a constitutional right to represent themselves in court — but only when it comes to their own personal legal interests. The moment you're representing someone else's interests, that right disappears, and only a licensed attorney may do that work. This is the rule against the unauthorized practice of law, and it's codified in Texas Government Code Section 81.102.
An executor or administrator isn't just handling their own affairs. They're acting in a fiduciary capacity on behalf of the estate, which usually means other beneficiaries, and often creditors as well. Texas courts have long held — going back to cases like Steele v. McDonald, 202 S.W.3d 926 (Tex. App.—Waco 2006), and reaffirmed in In re Guetersloh, 326 S.W.3d 737 (Tex. App.—Amarillo 2010) — that filing pleadings and appearing before a probate judge on behalf of an estate is the practice of law, even if the executor is doing it for free and even if they genuinely believe they're capable of it.
Practically, this means that if you apply for letters testamentary or letters of administration, ask the court to determine heirship, or otherwise act as the estate's representative in a contested or independent administration, you'll need an attorney to prepare the pleadings and appear with you in court. Most Texas probate courts, including those throughout the greater Houston area, have written pro se policies that spell this out explicitly and will not let an unrepresented executor proceed.
The New Exception: When the Executor Is the Sole Beneficiary
For decades, that rule was essentially absolute — no exceptions, no matter how simple the estate. That changed in June 2025, when the Texas Supreme Court decided Suday v. Suday, No. 24-1009 (Tex. June 27, 2025).
The Court held that when an executor is also the sole beneficiary of the estate, there are no third-party interests left to protect — no other heirs, no competing claims — so the constitutional right to self-representation applies after all. In the Court's words, requiring an attorney in that specific situation doesn't protect anyone; it just adds cost and delay for someone dealing with their own inheritance.
It's important to understand how narrow this exception is. The Court did not open the door for executors generally. The ruling applies only where the executor is the one and only beneficiary of the estate — no siblings splitting an inheritance, no other named heirs, no unresolved creditor claims. The moment there's a second interested party, the traditional rule (and the attorney requirement) is back in force. The Court also stopped short of saying self-representation is a good idea, only that it's legally permitted in this narrow circumstance — estate administration still involves deadlines, tax considerations, and procedural traps that catch people who don't do this for a living.
Other Situations Where You May Not Need an Attorney
A few other limited scenarios have long allowed a person to move through part of the probate process without hiring counsel, because the person is acting only in their own interest rather than representing others:
• Small Estate Affidavits. Under Texas Estates Code Chapter 205, when there's no valid will and the estate is small enough to qualify, all of the distributees can sign and file the affidavit together without an attorney, since each is only asserting their own claim to their own share.
• Non-corporate creditors. A creditor filing or defending their own claim against an estate — as opposed to representing someone else's claim — is generally allowed to do so pro se.
• Muniment of title, in narrow circumstances. Some Texas probate courts will allow a sole beneficiary to apply for probate as a muniment of title without an attorney, since no executor is appointed and no one else's interests are at stake. That said, other courts and practical guides still recommend attorney involvement here, since the application itself has specific legal requirements that are easy to get wrong.
• Filing certain routine reports, such as an annual guardian's report under Estates Code Section 1163, which relates to an existing fiduciary's own compliance obligation rather than representing the estate in a proceeding.
Situations That Almost Always Require an Attorney — No Exceptions
On the other end of the spectrum, some situations call for an attorney regardless of how simple the estate might otherwise seem:
• Any estate with more than one beneficiary or heir. The moment you're not the only person with a stake in the outcome, you're representing others' interests too.
• Contested probate matters — will contests, disputes over the executor's conduct, competing applications for administration, or any litigation involving the estate.
• Determinations of heirship, since the court must formally establish who the heirs are and what they're entitled to, which inherently affects multiple people.
• Corporate or institutional executors, such as a bank or trust company. A business entity can never appear pro se in Texas; it must always be represented by a licensed attorney.
• Dependent administrations, which involve ongoing court supervision, bonds, and detailed accountings that are difficult to manage correctly without legal guidance.
Why This Rule Exists
It's easy to read all of this as bureaucratic red tape, but the underlying purpose is to protect the people who don't have a voice in the courtroom — the other heirs, the unpaid creditors, the beneficiaries who trusted an executor to handle things correctly. Estate administration involves strict deadlines, notice requirements, and legal formalities that, if missed or mishandled, can expose an executor to personal liability or unintentionally cost other family members their inheritance. The attorney requirement exists to make sure someone with legal training is accountable for getting those steps right.
Talk to a Texas Probate Attorney Before You Decide
Even in the situations where Texas law allows you to move forward without a lawyer, that doesn't always mean you should. Probate mistakes are often expensive and difficult to undo, and a short consultation up front is almost always cheaper than fixing a problem after the fact.
The Law Office of Ryan Putz handles probate matters, will contests, and heirship determinations throughout Walker, Montgomery, Harris, Galveston, Brazoria, Fort Bend, Liberty, Polk, Tyler, and Grimes Counties, with limited estate and probate services also available in Brewster and Presidio Counties. If you've been named executor and aren't sure whether you need an attorney for your specific situation, call our office at (936) 978-2045 or email info@ryanputzlaw.com to talk it through.
This article is for general informational purposes only and does not constitute legal advice. Every estate is different — please consult a licensed Texas attorney about your specific circumstances.
My family did it themselves in Texas, they believed that they would save money and they became more confused than they were when they started. He also had an unsolved personal injury claim collection issue, and dealing with that in addition to the probate really did explain to us why good advice is important in the early stages.