Wills & Probate in Seguin, Texas

Most people know they should have a will, but life gets busy. Then a health scare, a new baby or the death of a parent makes it urgent. Attorney Jesus R. Lopez helps Seguin and Guadalupe County families put basic estate planning documents in place and, when a loved one dies, move the estate through probate as simply as the law allows.

Why have a will?

If you die without a will in Texas, state law decides who inherits your property. Those rules may not match what you want. For example, if you're married and have children from a prior relationship, your spouse and your children may share your property in ways that surprise everyone. A will lets you:

• Choose who receives your property and in what shares
• Name an independent executor to handle your estate with less court involvement
• Name a guardian for your minor children
• Set up a trust so money for a child or a family member with a disability is managed responsibly
• Make probate faster and less expensive for your family

What makes a will valid in Texas

Under the Texas Estates Code, a person can make a will if they are of sound mind and are at least 18, are or have been married, or are serving in the armed forces. A typical attested will must be:

• In writing
• Signed by you, or by someone else at your direction and in your presence
• Witnessed by two credible witnesses, at least 14 years old, who sign in your presence

Texas also recognizes a handwritten (holographic) will if it is written entirely in your handwriting and signed. Handwritten wills often cause problems, though, because they may be unclear, leave property out, or require witnesses to prove the handwriting later.

The self-proving affidavit

A self-proving affidavit is a notarized statement signed by you and your witnesses, attached to the will. It lets the court accept the will without tracking down the witnesses to testify. It's a small step when you sign that can save your family time later.

Powers of attorney and other planning documents

A will only takes effect when you die. Equally important are documents that protect you while you're alive if you can't make decisions:

• Statutory durable power of attorney. Names an agent to handle your finances, such as banking, bills, taxes and real estate. It must be signed before a notary, and it can stay in effect if you become incapacitated.
• Medical power of attorney. Names an agent to make health care decisions when you can't. Texas Health and Safety Code Chapter 166 sets the requirements.
• Directive to physicians. Often called a living will, it states your wishes about life-sustaining treatment.
• HIPAA authorization. Lets doctors share information with the people you choose.
• Designation of guardian. Names who you want, and don't want, as your guardian if one is ever needed, and lets parents name a guardian for their children. Read about designating a guardian in advance.

Without valid powers of attorney, your family may have to go to court for a guardianship if you become unable to manage your affairs. Signing these documents now is one of the most effective alternatives to guardianship.

Probate in Guadalupe County

Probate is the court process for proving a will and transferring a person's property after death. In Guadalupe County, probate cases are filed with the Guadalupe County Clerk and heard by the Guadalupe County probate courts in Seguin. Generally, a will must be offered for probate within four years after the person's death. Texas offers several paths, and choosing the right one can save time and money.

Probate of a will as a muniment of title

When there is a valid will and the estate has no unpaid debts other than debts secured by real estate liens, the court may admit the will as a muniment of title. The court order and the will act as proof of ownership, and no executor is appointed. It is often the simplest and least expensive option.

Independent administration

Most Texas wills ask for independent administration. After the court appoints the independent executor and they file an inventory (or an affidavit in lieu of inventory where allowed), the executor can pay debts, sell property and distribute assets with little further court supervision.

Small estate affidavit

When someone dies without a will and the estate's value, not counting the homestead and exempt property, is $75,000 or less, heirs may be able to use a small estate affidavit approved by the court instead of a full administration.

Determination of heirship

When there is no will, a court can formally decide who the legal heirs are, often with testimony from a disinterested witness and an attorney ad litem appointed to represent unknown heirs. This is often needed to transfer real estate or other titled property.

For a step-by-step look at these options, read our guide to the probate process in Seguin, Texas.

When planning involves a family member who can't manage alone

If you have a child or adult relative with a disability, your estate plan should work together with any guardianship or alternative. A will can name a successor guardian, and a properly drafted trust can protect a loved one's eligibility for benefits. If your family already needs court help, see our Seguin guardianship lawyer page.

How Attorney Lopez can help

Attorney Jesus R. Lopez has over 20 years of experience practicing law in Texas. He offers flat fees for many wills and probate matters, payment plans, and a free consultation by phone or in person, in English or Spanish. He serves Seguin, Schertz, Cibolo, Marion, McQueeney, New Braunfels, La Vernia, Gonzales and nearby communities.

Wills and probate FAQ