Texas Probate Lawyer

Texas Probate Lawyer: What Makes Our Attorney Different

Most firms hand your probate case to whichever associate has room on their calendar that month, and you may talk to a different person every time you call. Ours doesn't work that way.

Attorney Jay R. Beatty personally handles every probate and estate planning case our firm takes on. That means you talk to the attorney actually working your case from the first phone call through closing, not a call center, a paralegal team, or a rotating cast of junior associates. When you call with a question about your case, you're calling someone who already knows the details, not someone who has to pull your file first.

Jay also brings a hands-on background in the construction industry to cases involving a family business. When a loved one owned a construction company, contracting business, or other closely-held enterprise, valuing that business and figuring out how it should pass to heirs takes more than a general understanding of probate law. Jay's firsthand experience with how a construction business actually operates, from licensing to equipment to ongoing contracts, gives him a real read on what that business is worth and how to transfer it without disrupting the operation heirs are counting on.

Trusts and Avoiding Probate

A will only takes effect after death and still has to go through Texas probate court. A revocable living trust can hold property during your lifetime and pass it directly to your beneficiaries afterward, without court involvement, but only if you actually transfer your property into the trust ahead of time. Trusts can also help avoid the ancillary probate problem for out-of-state property, keep the details of an estate private since trusts don't go through public court records the way probate does, and provide for a smoother transition if you become incapacitated before death. We help clients decide whether a trust makes sense for their situation, and if so, build one that actually accomplishes what they want instead of leaving gaps that end up in probate court anyway.

Estate Planning Services We Offer

Beyond probate itself, we help Texans plan ahead so their families face less of this process later. That includes drafting and revising wills, choosing the right executor, creating trusts of varying complexity, and establishing healthcare directives and powers of attorney so someone you trust can make decisions if you're unable to. A valid will in Texas must generally be in writing, signed by the testator, and witnessed by at least two credible individuals 14 years of age or older, and it should clearly state your intent, your asset distribution instructions, and who you want serving as executor. Getting these documents right the first time is far less expensive than fixing problems in probate court later.

A medical power of attorney lets you name someone to make healthcare decisions if you can't make them yourself, and a statutory durable power of attorney lets someone you trust handle financial matters, pay bills, and manage property on your behalf. Without these documents in place, your family may have to go to court just to get the legal authority to act for you during a medical crisis, which adds stress and delay at the worst possible time. We build these documents alongside your will so your family has clear authority to act no matter what situation comes up.

Business Succession and Family-Owned Estates

When an estate includes a family business, whether that's a construction company, a contracting operation, or another closely-held enterprise, probate gets more complicated than dividing a bank account. Business licenses may not transfer automatically, ongoing contracts and bonding requirements need attention, and heirs often disagree about whether to keep operating the business or sell it. Attorney Beatty's construction industry background means he understands these operational details firsthand, not just the legal mechanics of transferring ownership, which matters when the difference between a smooth transition and a business that grinds to a halt often comes down to details a purely legal background would miss.

Guardianship for Minor or Incapacitated Heirs

When an estate includes minor children or an heir who can't manage their own affairs, Texas law requires a guardian or a court-supervised arrangement to manage that person's inheritance until they're able to handle it themselves. This adds another layer to estate administration, and planning for it ahead of time, rather than leaving a court to sort it out later, gives families far more control over who takes on that role and how the inheritance gets managed in the meantime.

Texas law offers a few different tools for managing a minor's inheritance, ranging from a simple custodial account that ends at a set age to a formal guardianship of the estate that requires ongoing court supervision, to a trust that can hold funds and distribute them under whatever terms you set, like reaching a certain age or hitting a milestone like finishing college. Which option makes sense depends on the size of the inheritance, the age of the child, and how much oversight the family wants built in. We walk families through these options both when planning ahead and when administering an estate that already includes a minor heir.

Executor and Administrator Duties

Serving as executor or administrator of an estate comes with real legal responsibilities, not just the informal role of "handling things" for the family. An executor has to act in the estate's best interest, keep accurate records of every asset and expense, notify creditors and beneficiaries on the timeline Texas law requires, and file an inventory with the court. Beneficiaries can ask the court to remove an executor who isn't doing their job properly, and in some cases the executor can be held personally liable for financial harm caused by mistakes or misconduct. If you've been named executor and aren't sure where to start, or you're a beneficiary concerned about how an estate is being handled, talk to a Texas probate lawyer before problems compound.

The Creditor Claims Process

Before any heir receives a distribution, Texas law requires the estate to go through a claims process so known and unknown creditors have a chance to be paid. This typically involves publishing notice to unknown creditors and directly notifying creditors the executor already knows about, then reviewing and either approving or disputing each claim that comes in. Skipping this step, or rushing distributions before it's complete, can leave an executor personally on the hook for debts the estate should have paid first. We handle this process for every estate we administer, so families don't accidentally create legal exposure for the person trying to help settle things.

Texas Courts and Filing Your Case

Probate cases are generally filed in the Texas county where the deceased person lived at the time of death. For our Central Texas clients, that usually means Bell County or a neighboring county, while clients elsewhere in the state may have their case filed in a different Texas county entirely. Larger counties often have dedicated statutory probate courts, while smaller counties handle probate matters through their county or district courts. We handle these jurisdictional questions as part of every case intake, so your case gets filed in the right court from the start.

Serving Central Texas and Communities Across the State

Michalk, Beatty & Alcozer, L.P. is based in Killeen, and our deepest roots are in Central Texas. Our dedicated Central Texas probate page covers our full regional practice in detail, including Belton, Gatesville, Georgetown, Temple, Waco, Harker Heights, Nolanville, Copperas Cove, Lampasas, Salado, and Troy, and several of those communities also have their own dedicated city page with local detail specific to that area. We also represent clients throughout the rest of Texas, wherever your loved one's estate needs to be probated. Visit our communities we serve page for a full list of areas we cover.

The Legal Process: What Happens After You Hire Us

We start every case by reviewing whatever documents exist, a will, prior estate planning paperwork, or nothing at all if there isn't a will, and identifying which probate path fits the situation. From there, we prepare and file the necessary court documents, notify heirs and creditors, and guide the executor or administrator through inventory and asset distribution. If a dispute arises, whether that's a will contest or disagreement among heirs, we're prepared to litigate the matter in court. Because Attorney Beatty handles your case personally from start to finish, you're never stuck explaining your situation to someone new partway through.

Texas Probate Lawyer: Meet Your Attorney

Jay R. Beatty personally handles every probate, wills, and estate planning matter at Michalk, Beatty & Alcozer, L.P. He brings a hands-on construction industry background to cases involving family businesses, giving him a practical understanding of how to value and transfer a closely-held business that a purely legal background wouldn't provide. Clients working with Jay get direct access to the attorney handling their case at every stage, not a rotating team of associates.