Serving Denton County Since 1992 | 6021 Morriss Rd., Suite 101, Flower Mound, TX, 75028
972-724-3338
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The Good and Bad of Texas Probate
When someone passes away, their estate often goes through a legal process called probate. Probate involves the distribution of any assets that weren’t specifically set aside in a trust or other account. This can be helpful in protecting against fraud and making sure that the estate is legally valid and distributed correctly. Unfortunately, it comes with some significant downsides.
For families going through probate – or for those wondering how they can avoid probate – a Flower Mound, TX probate attorney is a great asset. Whether you’re planning your own estate or helping a loved one navigate the process, understanding how Texas probate works in 2026 can save you time, stress, and money.
What Does the Texas Probate Process Look Like?
Probate happens after someone passes away and leaves behind an estate to be sorted out. It is court-supervised and includes collecting assets, paying off any remaining debts, and distributing what is left to the correct people.
Do I Need a Will or an Estate Plan in Texas?
Estate law is full of document types to keep straight. There are wills, there are trusts, there are estate plans, there are powers of attorney – the list may seem endless, and that’s before you even get to the many variations of all these.
If you feel you don’t know as much as you’d like to about all of these documents, you’re in good company. It’s perfectly normal to be unsure of which of these apply to you at your phase of life. Now is a great time to understand what you should focus on, and a Flower Mound estate planning attorney can help.
What Is the Difference Between a Will and an Estate Plan in Texas?
A will is a legal document that says who gets your property when you die. It can also name a guardian for your minor children. A will only takes effect after you pass away, and it has to go through a court process called probate before your wishes can be carried out.
Financial Elder Abuse
According to the American Association of Retired Persons (AARP), an estimated 10,000 people turn 65 every day in the U.S. Sadly, that growing population has also attracted people who want to take advantage of them. As the population of older adults in the United States continues to grow, financial elder abuse has become one of the most serious and widespread problems facing seniors in 2026.
If you are worried that someone you love is being financially exploited, a Denton County elder law attorney can help you take action to protect them.
What Is Financial Elder Abuse?
Financial elder abuse happens when someone uses an older person's money or assets for their own benefit without that person's permission or full understanding. It can be hard to detect, especially when a trusted person is involved.
What Happens if a Will Is Never Filed With the Court?
If a will is never filed with the court in Texas, the estate may be handled as if no will exists. Filing the will is an important step in the probate process because it allows the court to confirm the will’s validity and oversee the transfer of assets.
If you have questions about wills in 2026, our Flower Mound, TX estate planning lawyer can help you understand your legal responsibilities and avoid complications when handling a loved one’s estate.
Does Texas Law Require a Will To Be Filed With the Court?
Yes, Texas law requires the person who has custody of the will to file it with the court after the person’s death.
Under Texas Estates Code § 252.201, a person who has possession of a will must deliver it to the probate court within a reasonable time after learning of the person’s death. This allows the court to begin the probate process and confirm the will’s validity.
Can Probate Be Reopened After It Is Closed?
Probate can sometimes be reopened after it is closed. However, this usually only happens in specific situations, such as when new assets are discovered or important information regarding an estate plan was missed during the original case.
If you are dealing with an unexpected estate issue in 2026, it is important to understand your options. A Denton County, TX probate lawyer can review your situation and help you decide whether reopening probate may be possible.
What Does It Mean To Reopen Probate in Texas?
Reopening probate means asking the court to rule on part of an estate again after the case has already been closed. Probate is the legal process used to settle a person’s estate after death. This process usually includes paying debts and distributing property to heirs.
Once the court closes probate, the executor or administrator is normally released from their duties. This is the person responsible for managing the estate. Even so, problems can appear later that require the court to step back in. Reopening probate allows the court to address those unresolved issues.
When is it Time to Update Your Estate Plan?
When your life, your finances, or Texas law have changed in a way your current documents do not reflect, it is time to update your estate plan. Many people wait too long, even though outdated plans often cause confusion or disputes. In fact, a 2025 national survey found that more than 60 percent of American adults still do not have an up-to-date will. That gap can leave families unprotected when something unexpected happens.
If you are unsure whether your plan still works for you in 2026, a Flower Mound, TX estate planning lawyer can help you review it before problems arise.
How Does an Outdated Estate Plan Cause Problems?
An estate plan only works if it matches your current wishes and circumstances. When plans are outdated, courts and loved ones are helpless to honor what you truly want.
Changes in family relationships, assets, or health can make older documents confusing or even invalid. In some cases, outdated plans send property to the wrong people or fail to name decision-makers when they are needed most.
Is a Will or Trust Right for Me and My Family?
Decisions about what happens to your property and loved ones do not have to wait until later in life. Choosing between a will and a trust often comes down to how much control you want, how simple or complex your assets are, and how you want matters handled if something unexpected happens.
According to the Federal Reserve’s most recent Survey of Household Economics and Decisionmaking, a majority of U.S. adults still do not have any estate planning documents in place, including wills or trusts. This leaves families relying on state law to make decisions during already stressful times.
As of 2026, Texas families continue to face probate delays and legal costs when no clear plan exists. Speaking with a Denton County, TX estate planning lawyer at Colbert Law Group PLLC can help you decide whether a will, a trust, or a combination of both makes sense for your situation.
Why Do You Need an Estate Plan?
When you think about planning for the future, you may dream of going on a once-in-a-lifetime vacation, saving for retirement, or funding your child’s college education. You may not consider how important it is to have an estate plan for your future, too.
If you haven’t made an estate plan yet to plan for the future, you are not alone. Unfortunately, only 24% of Americans say they have a will or other estate planning documents, according to a recent survey by Caring. At Colbert Law Group PLLC, our Flower Mound, TX estate planning attorney can guide you through the process, drawing on over 50 years of legal experience.
The Importance of Having an Estate Plan
Everyone can benefit from having an estate plan, not just those who are wealthy. With an estate plan, you give your family direction about your wishes. You get to choose who will receive your assets and your heirloom items in your will. You can name a guardian for your underage or special needs children and establish a trust to provide for them. You can direct that some of your assets go to your favorite charity. Without a will, Texas law will decide how to distribute your assets.
When a Caregiver Child Moves In: Texas Homestead Complications
Although Texas homestead rules offer some fairly powerful protection for seniors, unexpected complications can arise when an adult child moves in to provide care. Perhaps an adult son or daughter moves into an aging parent’s home to help with daily living tasks, never expecting a family battle once the parent passes or moves to a facility.
Unfortunately, bitter disputes between siblings or other family members can arise over who can legally remain in the home, who inherits it, and whether the caretaker child owes money to siblings or to the estate. Texas homestead law (Texas Property Code Sections 41.001–41.024) was not designed for these relatively modern caretaking arrangements, leaving many families unsure of their rights and underscoring the importance of proactive estate planning.
Long-term care planning may also be significantly impacted when an adult child moves into the parents’ home. Regardless of which side of the issue you are on – the adult child who moved in with a parent to care for them, or a sibling who believes the move was only to take possession of the home – you need a knowledgeable Denton County, TX elder law attorney to help you navigate the legal issues.
Why Texas Seniors With Estranged Children Choose Revocable Trusts
Texas seniors who are engaged in estate planning may find the process more complex – not to mention emotional – when an adult child is estranged. The distance could stem from long-standing conflict, addiction issues, financial disputes, or family fractures, but whatever the reasons, it can make the question of "what happens when I’m gone?" even more difficult.
A revocable trust can offer a private and controlled solution for seniors who want to ensure their wishes are honored while avoiding will contests and minimizing probate risks. Understanding how a Texas revocable trust works is essential for seniors facing complicated family dynamics. If you find yourself in this position, a Flower Mound, TX estate planning attorney is ready to help you create a revocable living trust that allows you to maintain control, reduce family drama, and protect your legacy.
Whether you need legal assistance with estate planning, have questions about elder law, or are involved in a business litigation case you can trust Colbert Law Group PLLC to handle your case with the personal attention and commitment to a positive outcome that you deserve. From our office in Flower Mound, we serve clients throughout Denton County and Southern Oklahoma.
6021 Morriss Rd., Suite 101, Flower Mound, TX, 75028
972-724-3338
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