At Duffley Law, we help families handle estate planning and probate matters for property in and around Katy, Texas.
Estate planning allows you to decide how your property should be managed and transferred, who should make decisions on your behalf if you become incapacitated, and how to reduce confusion for your family later.
Probate addresses what happens after someone dies. It is the court-supervised process used to transfer property, resolve certain debts and claims, and confirm who is legally entitled to inherit. If there is no valid will, Texas law determines who inherits, and the court may need to establish heirship before assets can be transferred.
Not every estate requires the same level of probate, and not every family needs the same estate plan. We help clients understand which options fit their situation, whether they are planning ahead or dealing with an estate after a loved one’s death.
We also work with clear, upfront fees so clients know what to expect without worrying that every question will increase the bill.
What Clients Say About Duffley Law
“Very professional and knowledgeable after losing my father.”
“Presenting multiple options up front, I was able to select the path that suited my needs.”
“They took the time to explain everything clearly and answered all of our questions with patience.”
What Sets Duffley Law Apart In Katy
Straight answer on whether probate is even needed
We tell you which path is best before you commit to anything.
Handled by phone and video from wherever you are
You do not have to drive in to get started. Consultations, document review, and signing coordination happen remotely.
Planning and probate under one roof
We draft wills, trusts, powers of attorney, and healthcare directives, and we also administer estates after a death. That means the attorney handling your parent’s estate already knows how these documents are supposed to work.
Estates with no will, land, or unclear heirs
Intestate estates, meaning there is no valid will, need an administrator appointed by the court and often an heirship proceeding to confirm who legally inherits. We handle those, including estates with rural acreage and mineral interests.
Deadlines tracked from day one
Under Texas Estates Code Section 256.003, a will generally must be admitted to probate within four years of death, or the estate may pass as though there were no will at all.
Mobile Estate Plan Signings
For estate planning clients, our mobile signing team comes directly to you, making the final signing process more convenient and accessible. This service applies specifically to estate planning matters and is not available for probate cases.
My Parent Died Without A Will. Who Inherits The Property Under Texas Law?
When someone dies without a valid will in Texas, the state’s intestacy laws determine who inherits the estate. The result depends on the family structure and whether the property is classified as separate or community property.
If your parent was unmarried and had children, the estate generally passes to the children or their descendants. If your parent was married, the surviving spouse’s share can vary depending on the type of property involved and whether all surviving children were also children of that spouse.
When real estate, mineral interests, or multiple heirs are involved, determining ownership can become more complicated. A probate or heirship proceeding may be necessary to establish who legally inherited the property before it can be sold, transferred, or refinanced.
Building A Texas Estate Plan In Katy
A Texas estate plan usually starts by identifying what you own, clarifying your goals, choosing the right planning tools, naming the people who will act on your behalf, and then making sure beneficiary designations and account titles work with the rest of the plan.
The first step is taking inventory. A home near Katy, acreage, mineral interests, bank accounts, retirement plans, and other property can all pass in different ways. But the choice between a will and a trust should not be based simply on age, wealth, or the type of assets you own. It should be based on what you want the plan to accomplish.
For some families, a will may be appropriate. Others may benefit from a revocable living trust because they want more control over how assets are managed, want to reduce probate involvement, or need a structure for beneficiaries who should not receive property outright.
This can be especially important for families with minor children, since minors generally cannot directly receive and manage inherited property. In those situations, a trust can provide instructions for how assets should be held and distributed for the child’s benefit.
Next comes naming the people who will carry out the plan: an executor under a will, a trustee under a trust, an agent under a durable power of attorney for financial matters, and someone to make healthcare decisions if needed.
Beneficiary designations, deeds, and account ownership should then be reviewed to make sure they do not conflict with the overall plan. Major life changes, including marriage, divorce, the birth of a child, or the purchase of new property, are also good reasons to revisit the plan and confirm that it still reflects your goals.
Our Estate And Probate Services In Katy
- Last will and testament drafting
- Revocable living trust creation
- Durable power of attorney documents
- Healthcare directive preparation
- Probate administration
- Intestate probate without a will
- Transfer on death deed preparation
- Trust funding and asset titling
- Estate plan reviews and updates
Where We Serve In Katy
- Lufkin
- Angelina County
- Diboll
- Huntington
- Zavalla
- Pollok
- Burke
- Central
- Raguet
- Pineland
Trusted Legal Guidance For All Things Probate
For more information or assistance with probate, please call us now at (832) 843-1511. We provide our clients with personalized guidance to help make the process as simple as possible.
When To Update Your Estate Plan In Katy
An estate plan written ten years ago rarely matches the family or property it is supposed to protect today. Fayette County Probate Court handles probate matters for the Katy area, and it accepts documents that were signed and titled correctly at the time, not the ones a family wishes had been updated.
Certain life events should trigger a review within a few months:
- Marriage or remarriage, which changes who inherits by default under Texas law
- Divorce, which can void some provisions but leaves others standing
- A new child, grandchild, or adopted child
- Buying land, a home, or acquiring mineral interests
- The death of a named executor, trustee, or beneficiary
- Moving to Texas from another state
Duffley Law reviews existing plans and updates deeds, wills, and beneficiary designations by phone or video, so no one has to make the drive to get it done.
About Duffley Law
Duffley Law is licensed in Texas and Illinois, focused on estate planning and probate. The firm drafts wills, revocable living trusts, powers of attorney, and healthcare directives, and handles probate matters from start to finish, including estates where a parent died without a will.
Much of the firm’s work involves settling a loved one’s estate, confirming whether probate is required, filing in the county court that has jurisdiction, and clearing title to a home, land, or mineral interests. Heirship questions, unfiled deeds, and interests a parent never formally documented come up often in rural Texas estates and are handled as part of the same matter.
Work is handled personally and discreetly, with fee terms explained plainly before anything begins.
What Is An Affidavit of Heirship, And Can It Be Used Instead of Probate For Texas Property?
An affidavit of heirship is a document used to establish a deceased property owner’s family history and identify the people who may have inherited the property under Texas law. It is commonly used when someone dies without a will and leaves real estate, acreage, or mineral interests behind.
The affidavit is generally completed by people who knew the decedent and their family history and is filed in the county property records. In appropriate situations, it can provide a simpler way to address title to real property without opening a full probate administration.
However, an affidavit of heirship is not a substitute for probate in every estate. If heirs disagree, ownership is unclear, debts must be administered, or a formal court determination of heirship is needed, a probate proceeding may still be necessary. Texas law also provides a court process for determining heirs when the estate requires one.
What To Expect Working With Duffley Law In Katy
1. Initial Call
We start with a short call to understand whether you need help planning ahead or handling an estate after someone has passed away. If it sounds like something we can assist with, we schedule a free consultation.
2. Free Consultation and Flat-Fee Proposal
During the consultation, we review your goals, family situation, assets, or the circumstances surrounding the estate. We then provide a formal proposal, including a flat-fee quote, before you decide whether to move forward.
3. Building the Plan or Probate Strategy
Once engaged, you work directly with an attorney. For estate planning, we determine which documents and planning tools fit your goals. For probate matters, we review the will, assets, heirs, and other available information to determine the appropriate probate process and next steps.
4. Preparing Documents and Filings
For estate planning clients, we prepare the documents needed to carry out the plan. For probate clients, we prepare the court filings and supporting documents required to begin and administer the estate.
5. Review and Execution
Your attorney walks you through the documents or probate strategy and answers questions before anything is finalized. Estate planning documents are then signed with the required formalities.
6. Completing the Matter
For estate planning, you receive the completed documents and digital copies for your records, and the plan can be revisited as your family, property, or goals change. For probate matters, we continue guiding you through the administration process, including required notices, estate property, creditor issues, distributions, and the steps needed to close the estate.
Frequently Asked Questions About Estate Planning And Probate
My Parent Died Owning A House And Some Land Near Katy. Do I Actually Have To Go Through Probate In Texas?
Usually yes, if real property is involved and it is still titled in your parent’s name alone. Probate is the court process that legally moves property from the person who died to the people who inherit it, and title companies and buyers will ask for it before any sale.
What Does Probate Cost In Texas, And How Do I Avoid Open-Ended Hourly Bills From Far Away?
Ask for a flat fee before you sign anything. Uncontested probate work is predictable enough that it can be quoted up front, with court filing fees listed separately so you see the full picture.
My Parent Died Without A Will. Who Inherits The Property Under Texas Law?
Texas intestacy rules decide it for you, and the split depends on whether your parent was married and whether the property was separate or community property. If your parent was single with children, the children typically inherit everything in equal shares.
What Is An Affidavit Of Heirship, And Will It Work Instead Of Probate For Rural Land?
An affidavit of heirship is a sworn statement, signed by people who knew the family, that records who the legal heirs are in the county deed records. It is common for rural land and mineral interests, and it is cheaper than full probate.
There Are Mineral Rights In My Parent’s Estate. Does That Change Anything?
Yes. Mineral interests pass like any other real property, but operators and royalty payors will freeze payments until they have clear proof of who now owns the interest.
Is There A Deadline To File Probate In Texas After A Parent Dies?
Generally four years from the date of death to probate a will. Miss that window and the will may not be admitted in the normal way, leaving you with intestacy rules or a harder court route.
How Long Does A Straightforward Texas Probate Take From Start To Finish?
Most uncontested cases run roughly four to eight months. The court typically sets a hearing a few weeks after filing, and letters testamentary, the document proving you have authority to act, follow soon after.
Local Resources In Katy For Estate Planning And Probate
- Angelina County Clerk
Maintains official county records including wills, deeds, and probate filings.
- Angelina County District Clerk
Handles filings for district court cases, including formal probate proceedings.
- 159th District Court
The district-level court serving the county where contested estate matters are heard.
- Angelina County Probate Court
Processes estate administrations, guardianships, and related filings at the county level.
- Angelina County Appraisal District
Provides property valuations used in estate inventories and tax assessments.
- Texas Health and Human Services, Lufkin Office
Administers Medicaid and benefits programs relevant to elder care and estate planning.
- Angelina County Tax Assessor-Collector
Handles property tax records and title transfers that arise during estate settlement.
Schedule Your Katy Estate Planning Consultation
At Duffley Law, we will tell you whether the estate needs full probate or whether a simpler option handles it.
Fees are quoted up front, so you know the cost before you commit. We handle the county court filings, including rural estates involving acreage, mineral interests, or heirs who were never formally named.
Call us to schedule your consultation.