Galveston, TX Probate Lawyer

Page Updated October 2025

Probate is the Texas court process that validates wills and distributes assets after someone dies. The Law Office of Michelle E. Murphy helps Galveston families navigate this complex, time-consuming process.

Key Takeaways:

• Even with a will, assets must go through probate court validation before being distributed to beneficiaries, preventing families from immediately accessing their inheritance.

• Texas offers four types of probate processes, ranging from independent administration for straightforward cases to small estate affidavits for estates under $75,000.

• Our trusted Galveston probate lawyer helps executors avoid costly mistakes and liability while handling complex deadlines, paperwork, and court requirements during an already difficult time.

If you have recently lost a loved one, Michelle E. Murphy offers her sympathy. She knows how overwhelming and confusing dealing with the estate of a deceased loved one can be for the families left behind, even if there was a well-written will. If they did not prepare a comprehensive estate plan before they passed, a Texas court process known as probate will likely determine how their assets should be distributed. 

Probate can be complex; having the assistance of our professional Galveston probate lawyer can give you the reliable guidance and legal clarity you need to navigate the process.

Contact us today to schedule a free consultation and let Attorney Michelle E. Murphy lead you every step of the way through probate.

What is Probate? 

Texas enacts the probate process when someone passes away without legally transferring their assets to beneficiaries beforehand. Many people think that having a will is all that they need to make sure their family members receive their inheritance, but wills have to go through probate in order to be validated and carried out. Probate involves various legal tasks, including:

• Submitting the will to the probate court
• Notifying creditors and beneficiaries
• Taking inventory and appraising assets
• Paying debts and distributing assets
• Filing tax returns and paying taxes

These tasks are the responsibility of the executor named in the will. If no will was made, Texas probate courts use a specific process to handle asset distribution. In most of these “intestate” probate cases, the court appoints a personal representative, typically a family member who meets the basic requirements of a legal executor. 

Executors and personal representatives alike may need help understanding the probate process and what steps they need to take in order to avoid liability, which is why hiring our experienced Galveston probate lawyer can be beneficial.

What Are the Downsides of Probate?

While probate serves an important legal purpose in validating wills and ensuring proper asset distribution, the process comes with significant drawbacks that can create additional stress for grieving families. Understanding these challenges can help you prepare for what lies ahead and make informed decisions about how to proceed.

No Control & Delays 

Family members can’t take immediate possession of assets when a loved one passes away. The Texas state government requires you to complete the entire probate process before any assets can be legally transferred, meaning you may not be able to sell property or make important decisions until probate is finished.

Time-Consuming & Costly 

Probate typically takes 6 to 12 months or longer to complete, depending on factors like the number of beneficiaries, will disputes, and court processing speed. The process requires meeting challenging deadlines, paying substantial fees, and adhering to complex legal requirements. If you’re the executor or personal representative, you bear liability for any mistakes or issues that arise.

Types of Probate

In Texas, beneficiaries of a loved one’s assets and belongings may face one of four types of probate processes. Which one will apply to you depends on your specific circumstances. Our dedicated Galveston probate lawyer can more thoroughly explain each type of probate process and help you decide which probate form is right for you.

• Independent Administration: Most common type, where a designated executor carries out probate duties with minimal court supervision.

• Dependent Administration: Requires heavy court supervision when beneficiaries disagree or creditor issues exist. Takes longer and costs more.

• Muniment of Title: Texas-specific process for estates primarily involving real estate with no debts or few other assets.

• Small Estate Affidavit: For estates under $75,000, requiring only a sworn statement instead of full probate.

How Can Our Galveston Probate Lawyer Help You?

If you are facing probate, your best option is to enlist the assistance of our compassionate Galveston probate lawyer, who can determine if there is any way you can avoid probate, and if not, explain your next steps, answer your questions, and generally handle all of the paperwork and court communications for you so that you can focus on moving forward. 

Dealing with probate is a headache during an already difficult time; Attorney Michelle E. Murphy can simplify the process and prevent you from making costly mistakes. Her goal is to take the burden of probate off you by providing professional advice and representation. She can also help you create an estate plan so that your family will not have to endure probate when you pass away.

Call The Law Office of Michelle E. Murphy

Don’t take on the probate process without a knowledgeable Galveston probate lawyer on your side. Whether you are experiencing a probate issue or have just lost someone and aren’t sure whether you need probate, call The Law Office of Michelle E. Murphy to schedule a free consultation and discuss your situation. 

Attorney Michelle E. Murphy has over 20 years of experience guiding grieving families through probate. You can rely on her to give you the caring legal support you need, save you time, money, and stress along the way, and make a difference in how quickly and easily your case is resolved.