Texas Probate Attorney | Law Office of Ryan Putz | Montgomery & Walker County
Texas Probate Attorney Serving Montgomery, Walker & Surrounding Counties
Losing a loved one is difficult enough without the added burden of navigating the Texas probate process. At the Law Office of Ryan Putz, we guide executors, administrators, and families through every stage of probate — efficiently, clearly, and with the personal attention your situation deserves.
Whether your loved one passed with a valid will or without one, Attorney Ryan Putz has the experience to help you settle the estate properly and protect the interests of everyone involved.
What Is Probate in Texas?
Probate is the court-supervised legal process of administering a deceased person's estate. In Texas, probate is handled at the county level — in our primary service areas, that means the Montgomery County Court at Law in Conroe and the Walker County District Court in Huntsville.
The probate process typically involves validating the will (if one exists), appointing an executor or administrator, identifying and inventorying estate assets, notifying creditors, resolving outstanding debts, and distributing remaining assets to heirs or beneficiaries.
Texas law is generally considered more executor-friendly than many other states, and in many cases an Independent Administration can be used — meaning the executor can carry out their duties with minimal court supervision. However, even a straightforward Texas probate requires the executor to be represented by a licensed attorney in most circumstances, because the executor acts on behalf of beneficiaries and creditors — not just themselves.
Testate Estates (With a Will)
When a person dies leaving a valid will, the estate is called a testate estate. The probate process begins with filing an application to probate will in the appropriate county court. The court will schedule a hearing to formally admit the will to probate and appoint the named executor.
From there, the executor's responsibilities include notifying beneficiaries and creditors, publishing a notice to creditors, filing an inventory and appraisement of estate assets, and ultimately distributing the estate according to the will's terms.
Attorney Ryan Putz works closely with executors to make sure every step is handled correctly — keeping the process moving and protecting you from personal liability.
Intestate Estates (Without a Will)
When a person dies without a will, the estate is called an intestate estate. Texas intestacy law — found in the Texas Estates Code — governs who inherits the decedent's property. The distribution depends on factors including whether the decedent was married, had children, and whether those children were from the current or a prior relationship.
In intestate cases, the court appoints an Administrator to carry out the same functions an executor would in a testate estate. The process is often more complex because there is no will to provide guidance, and disputes among potential heirs are more common.
Determination of Heirship
When there is no will and the heirs of an estate are uncertain or disputed, Texas law provides a formal process called a Determination of Heirship. This is a court proceeding in which an attorney ad litem is appointed to investigate and identify the legal heirs of the estate. The court then enters a judgment establishing who the rightful heirs are.
A Determination of Heirship is often necessary before real property can be transferred, title insurance can be issued, or financial accounts can be accessed. Attorney Ryan Putz handles heirship proceedings in Montgomery, Walker, and all surrounding counties we serve.
Muniment of Title
For smaller estates where the only significant asset is real property and there are no unpaid debts (other than a mortgage), Texas offers a simplified probate procedure called a Muniment of Title. This allows the will to be admitted to probate as direct evidence of title transfer — without the full appointment of an executor. It is one of the most cost-effective probate options available in Texas when the circumstances qualify.
Small Estate Affidavit
For very small estates — currently those valued at $75,000 or less in personal property, excluding homestead — Texas allows an even simpler process through a Small Estate Affidavit. This sworn document, once approved by the court, allows heirs to collect assets without full probate administration.
Do You Always Need Probate in Texas?
Not always. Many assets pass outside of probate entirely — including life insurance policies, retirement accounts, and bank accounts with designated beneficiaries or payable-on-death designations. Real property held in a living trust also passes without probate.
However, assets titled solely in the decedent's name generally must pass through some form of probate or heirship proceeding. If you are unsure whether an estate requires probate, the best first step is a consultation with an experienced Texas probate attorney.
Counties We Serve for Probate
The Law Office of Ryan Putz handles probate matters in Montgomery County, Walker County, Harris County, Galveston County, Brazoria County, Fort Bend County, Liberty County, Polk County, Tyler County, and Grimes County.
Schedule a Probate Consultation
If you have been named executor of an estate, have lost a loved one without a will, or simply have questions about the Texas probate process, we are here to help. Contact the Law Office of Ryan Putz to schedule a confidential consultation.