Ross & Shoalmire provides compassionate probate and guardianship legal services for Texas and Arkansas families during life's most challenging transitions. Our experienced attorneys guide executors, administrators, and family members through estate settlement, will probate, and court-appointed guardianship proceedings with professionalism and care. Whether you're administering a loved one's estate or need to establish guardianship for an incapacitated family member, we serve communities throughout Texarkana, Tyler, Paris, Longview, Magnolia, Hot Springs, and the surrounding region.
Probate Services in Texas and Arkansas
Losing a loved one is emotionally difficult, and the legal complexities of settling their estate can feel overwhelming. Our probate attorneys provide comprehensive estate administration services for families throughout Texas and Arkansas, handling everything from simple uncontested probate to complex estate litigation.
We represent executors, administrators, heirs, and beneficiaries in all aspects of probate and estate administration. Whether you're named as an executor in a will, need to open an estate for a family member who died without a will, or have concerns about how an estate is being handled, our experienced probate lawyers protect your interests and ensure proper administration under Texas and Arkansas law.
Comprehensive Probate Administration![probate attorney]()
Our probate attorneys guide personal representatives through every step of estate administration. We handle the legal requirements so executors can focus on their families during a difficult time.
Our probate administration services include:
- Filing probate applications and obtaining letters testamentary or letters of administration
- Independent administration proceedings for efficient estate settlement
- Dependent administration with full court supervision when required
- Muniment of title proceedings in Texas for simple estates with valid wills
- Small estate affidavits for estates below statutory thresholds
- Asset inventory and appraisal preparation and filing
- Creditor notification and claims administration
- Estate accounting and final distribution planning
- Real estate transfers and title clearing
- Estate tax planning and return preparation coordination
Will Probate and Validation
When a loved one leaves a will, it must be probated to become legally effective. Our probate attorneys handle will validation proceedings, ensuring the testator's wishes are honored and the will is properly admitted to probate.
We assist with contested and uncontested will probate, self-proving wills, handwritten wills, and situations where the original will cannot be located. Our experience with Texas and Arkansas probate courts helps ensure smooth proceedings and timely estate settlement.
Intestate Administration
When someone dies without a valid will, their estate passes according to state intestacy laws. We represent families in intestate administrations, helping determine legal heirs, establishing heirship, and ensuring proper distribution under Texas or Arkansas law.
Intestate proceedings can be complex, especially when family relationships are unclear or disputed. Our probate attorneys navigate these challenges and protect your inheritance rights throughout the process.
Understanding the Probate Process
The probate process varies between Texas and Arkansas, but both states require court supervision of estate administration to protect creditors, heirs, and beneficiaries. Understanding the basic steps helps executors and family members know what to expect.
Opening the Estate
Probate begins when someone files an application with the appropriate probate court. In Texas, this is typically the county court or statutory probate court in the county where the decedent lived. Arkansas uses circuit courts and separate probate courts depending on the county.
The application must be filed within specific timeframes—generally four years in Texas and five years in Arkansas for will probate, though exceptions exist. Acting promptly preserves your options and prevents complications.
Appointing the Personal Representative
The court appoints an executor if the will names one, or an administrator if there is no will. Texas law prioritizes surviving spouses and heirs for administrator appointments. The personal representative receives letters testamentary or letters of administration granting legal authority to act for the estate.
Inventorying Estate Assets![probate lawyer texas]()
The executor or administrator must identify and value all estate assets. This includes real estate, bank accounts, investments, personal property, business interests, and any other assets owned by the decedent. An official inventory must be filed with the court within required timeframes, typically 90 days in Texas and two months in Arkansas.
Notifying Creditors and Paying Debts
Personal representatives must notify known creditors and publish notice to unknown creditors. Valid debts must be paid from estate assets before distribution to heirs or beneficiaries. This includes final medical bills, funeral expenses, taxes, and other legitimate claims.
Both Texas and Arkansas provide specific procedures for creditor claims, including deadlines for filing and statutes of limitations. Proper handling of creditor claims protects the personal representative from personal liability.
Distributing Estate Assets
After debts and taxes are paid, remaining assets are distributed to beneficiaries named in the will or to heirs determined by intestacy law. The personal representative must account to the court and beneficiaries for all transactions and obtain court approval for final distribution in dependent administrations.
Once distribution is complete and all requirements are satisfied, the estate can be closed and the personal representative discharged from further duties.
Executor and Administrator Responsibilities
Serving as executor or administrator is a significant legal responsibility. Personal representatives have fiduciary duties to act in the estate's best interests and can face personal liability for mismanagement or breach of duty.
Understanding executor duties is essential for proper estate administration. Our probate attorneys provide guidance and representation to personal representatives throughout the administration process, protecting them from liability while ensuring compliance with Texas and Arkansas probate law.
Key Fiduciary Duties
Executors and administrators must act with complete loyalty to the estate and its beneficiaries. This means making decisions that benefit the estate rather than the personal representative's own interests. Conflicts of interest must be disclosed and handled appropriately.
Personal representatives must:
- Act in good faith and with reasonable care
- Preserve and protect estate assets
- Keep accurate records of all transactions
- Keep estate assets separate from personal assets
- Provide accountings to beneficiaries and the court
- Avoid self-dealing and conflicts of interest
- Distribute assets according to the will or state law
- Pay valid debts and taxes before distributing to beneficiaries
Common Executor Challenges
Even well-intentioned executors face challenges during estate administration. Family conflicts, beneficiary disagreements, complex assets, and creditor disputes can complicate the process.
Our probate attorneys help executors navigate difficult situations, mediate family disputes, and make sound legal decisions that fulfill their duties while minimizing personal risk. We represent personal representatives in contested matters and provide defense against claims of mismanagement.
Independent vs. Dependent Administration
Texas offers independent administration, which allows executors to act with minimal court supervision. This is generally faster and less expensive than dependent administration, where the court must approve most actions.
The will can authorize independent administration, or all beneficiaries can agree to it. Our attorneys help determine the best administration type for your situation and handle all court proceedings efficiently.
Probate Litigation and Will Contests
Unfortunately, not all estates proceed smoothly. Family disputes, questions about will validity, allegations of undue influence or lack of capacity, and concerns about executor misconduct can lead to probate litigation.
Our probate litigation attorneys represent clients in all types of estate disputes throughout Texas and Arkansas. Whether you need to contest a will, defend against a challenge, remove an executor, or protect your inheritance rights, we provide aggressive representation grounded in deep knowledge of probate law.
Will Contests and Challenges
Will contests challenge the validity of a purported will based on various grounds including lack of testamentary capacity, undue influence, fraud, forgery, improper execution, or revocation. These cases require presenting clear and convincing evidence to overcome the presumption of validity.
We represent both those challenging wills and those defending them. Our attorneys gather evidence, retain expert witnesses, conduct discovery, and present compelling cases in Texas and Arkansas probate courts.
Executor Removal and Misconduct Claims
Beneficiaries who suspect executor misconduct can petition for removal. Grounds for removal include self-dealing, mismanagement of assets, failure to account, conflicts of interest, and breach of fiduciary duty.
We represent both beneficiaries seeking executor removal and executors defending against unfounded allegations. Our goal is protecting estate assets and ensuring proper administration under the law.
Inheritance Disputes and Heirship Determinations
Disputes over who inherits property, questions about family relationships, and contested heirship determinations can complicate estate settlement. Our probate litigation attorneys handle these complex matters, conducting genealogical research, presenting evidence, and protecting our clients' inheritance rights.
Guardianship Legal Services
When a loved one can no longer make decisions for themselves due to incapacity, guardianship may be necessary to protect their interests and ensure proper care. Our guardianship attorneys help Texas and Arkansas families navigate court-appointed guardianship proceedings with compassion and expertise.
Guardianship is a serious legal proceeding that removes fundamental rights from an incapacitated person. Courts require clear and convincing evidence of incapacity and ongoing supervision of guardians. Our attorneys guide families through this difficult process while protecting the dignity and interests of vulnerable adults and children.
Guardianship of the Person
Guardianship of the person grants authority to make personal decisions for an incapacitated individual. This includes decisions about healthcare, living arrangements, daily activities, and personal care. Guardians of the person must act in the ward's best interests and report regularly to the court.
We help families establish guardianship of the person when necessary, prepare required reports, and ensure compliance with court orders and state law.
Guardianship of the Estate
Guardianship of the estate provides authority to manage an incapacitated person's financial affairs. The guardian manages assets, pays bills, protects property, and makes financial decisions for the ward. Strict accounting and bonding requirements apply.
Our guardianship attorneys prepare required inventories, annual accountings, and financial reports. We help guardians fulfill their duties while protecting ward assets and maintaining court compliance.
Limited and Temporary Guardianship
Not every incapacitated person requires full guardianship. Texas and Arkansas allow limited guardianships that remove only those rights the ward cannot exercise, preserving maximum independence and autonomy.
Temporary guardianships provide short-term protection in emergency situations. We help families pursue the least restrictive alternative that meets the ward's needs while respecting their dignity and remaining abilities.
Guardianship for Minors
When parents die or become unable to care for children, guardianship may be necessary. We assist families in establishing guardianship for minor children, ensuring continuity of care and protection of the child's interests.
Guardianship of minors differs from adult guardianship in significant ways. Our attorneys understand these distinctions and help families navigate the process efficiently while prioritizing the child's welfare.
How to Establish Guardianship in Texas and Arkansas
Establishing guardianship requires following specific legal procedures in Texas or Arkansas probate courts. The process protects the proposed ward's rights while allowing family members to obtain authority when truly necessary.
The Guardianship Application Process![guardianship]()
Guardianship proceedings begin with filing an application in the appropriate court. The application must state the proposed ward's name, the nature and degree of incapacity, and why guardianship is necessary.
Required steps include:
- Filing the guardianship application with supporting medical evidence
- Notifying the proposed ward and interested parties of the proceedings
- Court appointment of an attorney ad litem to represent the proposed ward
- Medical examination and capacity evaluation
- Guardianship hearing where evidence of incapacity is presented
- Court order appointing guardian if incapacity is proven
- Guardian takes oath and posts bond if required
Proving Incapacity
Courts require clear and convincing evidence that the proposed ward lacks capacity to make informed decisions about personal or financial matters. Medical testimony, physician reports, and evidence of the person's functioning typically support incapacity findings.
Our guardianship attorneys work with medical professionals, gather comprehensive evidence, and present compelling cases that meet legal standards while treating proposed wards with dignity and respect.
Ongoing Guardian Responsibilities
Guardianship doesn't end with appointment. Guardians must file annual accountings, provide reports on the ward's condition and care, obtain court approval for major decisions, and fulfill ongoing fiduciary duties.
We assist guardians with compliance requirements, prepare necessary court filings, and provide guidance on fulfilling guardian responsibilities under Texas and Arkansas law.
Alternatives to Guardianship
Guardianship should be a last resort because it removes fundamental rights. Less restrictive alternatives should be explored first whenever possible. Our attorneys help families evaluate options and pursue the least intrusive approach that meets their loved one's needs.
Powers of Attorney
Durable powers of attorney allow individuals to appoint agents to manage financial or healthcare decisions if they become incapacitated. Powers of attorney are less restrictive than guardianship and allow the principal to maintain more independence.
If your loved one has capacity to execute powers of attorney, this is often preferable to guardianship. Our estate planning attorneys prepare comprehensive powers of attorney for clients planning ahead.
Representative Payee Programs
For individuals receiving Social Security or other government benefits, a representative payee can manage those specific funds without full guardianship. This limited approach protects financial resources while preserving the individual's other rights.
Supported Decision-Making Agreements
Texas recognizes supported decision-making as an alternative to guardianship. These agreements allow an individual with disabilities to choose supporters who help them understand, make, and communicate decisions while retaining legal decision-making authority.
Trusts for Incapacitated Individuals
Special needs trusts and other trust arrangements can manage financial resources for incapacitated individuals without requiring guardianship of the estate. Trust planning combined with healthcare powers of attorney may eliminate the need for guardianship entirely.
Texas vs. Arkansas Probate and Guardianship Laws
While Texas and Arkansas share similar legal frameworks for probate and guardianship, important differences exist in procedures, timelines, and requirements. Understanding these distinctions is essential for proper administration.
Texas Probate Procedures
Texas probate law emphasizes efficiency through independent administration. The state offers multiple probate alternatives including muniment of title for simple estates, small estate affidavits for estates under $75,000 without real property, and informal family settlements.
Texas has specialized statutory probate courts in some counties with judges who focus exclusively on probate matters. This specialization often results in efficient proceedings and experienced judicial oversight.
Arkansas Probate Procedures
Arkansas probate generally requires more court supervision than Texas independent administration. The state has different small estate procedures and timeline requirements. Arkansas probate involves notice to the state through publication in a designated newspaper.
Understanding Arkansas-specific requirements is essential for proper estate administration. Our attorneys licensed in Arkansas ensure compliance with all procedural rules and deadlines.
Multi-State Estate Issues
Many families in the Texarkana region own property in both Texas and Arkansas. This can require ancillary probate proceedings in both states. Our unique position serving both Texas and Arkansas allows us to coordinate multi-state probate efficiently.
Ross & Shoalmire attorneys are licensed in both Texas and Arkansas, giving us distinctive expertise in handling estates and guardianships with connections to both states. This matters for families in border communities and those with property holdings across state lines.
Probate & Guardianship FAQs
What is probate and when is it required in Texas or Arkansas?
Probate is the legal process of settling a deceased person's estate under court supervision. It involves validating the will, appointing an executor or administrator, inventorying assets, paying debts, and distributing property to heirs. In Texas and Arkansas, probate is typically required when someone dies owning assets in their name alone without beneficiary designations, joint ownership, or transfer-on-death provisions. Real estate titled solely in the decedent's name almost always requires probate to clear title for transfer.
How long does the probate process take in Texas and Arkansas?
Probate timelines vary based on estate complexity and administration type. Texas independent administration can be completed in six months to one year for straightforward estates with no disputes. Dependent administration takes longer due to additional court oversight requirements. Arkansas probate typically takes nine months to eighteen months minimum. Complex estates involving litigation, tax issues, business valuations, or family disputes may take several years to fully resolve. Our probate attorneys work efficiently to complete administration as quickly as possible while ensuring all legal requirements are met.
What are the duties of an executor or personal representative?
Executors have extensive fiduciary duties including locating and securing all estate assets, filing the will with the probate court, notifying beneficiaries and creditors, preparing an accurate inventory of estate property, paying valid debts and taxes from estate funds, keeping detailed records of all transactions, filing required accountings and reports with the court, and distributing remaining assets to beneficiaries according to the will or state intestacy law. Executors must act in the estate's best interests and can be held personally liable for mismanagement, self-dealing, or breach of fiduciary duty. Our probate attorneys guide executors through these responsibilities and protect them from liability.
How do I establish guardianship in Texas for an incapacitated loved one?
Establishing guardianship in Texas requires filing an application with the probate court in the county where the proposed ward lives. You must provide medical evidence of incapacity from examining physicians. The court appoints an attorney ad litem to represent the proposed ward's interests and investigate the circumstances. All interested parties must receive proper legal notice of the proceedings. A court hearing is held where you must present clear and convincing evidence of incapacity and why guardianship is necessary. If the court finds sufficient evidence, it will issue an order appointing a guardian of the person, estate, or both. The guardian must take an oath, post bond if required, and comply with ongoing reporting requirements. Our guardianship attorneys guide families through each step of this process.
What is the difference between guardianship of the person and guardianship of the estate?
Guardianship of the person grants legal authority to make personal decisions for an incapacitated individual including healthcare choices, living arrangements, daily activities, and personal care decisions. The guardian ensures the ward receives proper care and supervision. Guardianship of the estate provides authority to manage the ward's financial affairs, protect assets, pay bills, invest funds, and make financial decisions on the ward's behalf. Courts can appoint one person to serve in both capacities or separate individuals depending on the circumstances, the ward's needs, and the qualifications of proposed guardians. Both types require court supervision, annual reporting, and adherence to strict fiduciary duties.
Can probate be avoided in Texas or Arkansas?
Many estates can avoid full probate through proper advance planning. Strategies include establishing revocable living trusts that hold assets outside probate, designating beneficiaries on retirement accounts and life insurance policies, using transfer-on-death deeds for real estate, creating joint ownership with rights of survivorship, and utilizing small estate procedures for estates below statutory thresholds. Texas offers muniment of title for estates with valid wills and no debts, which is a simplified probate alternative. Planning ahead with an experienced estate planning attorney can help your family avoid the time, expense, and court supervision of full probate while ensuring smooth asset transfer after death.
Contact Our Probate & Guardianship Attorneys
Navigating probate and guardianship proceedings requires experienced legal counsel who understands both the law and the emotional challenges families face during difficult transitions. The probate and guardianship attorneys at Ross & Shoalmire are ready to guide you through estate administration, will probate, guardianship establishment, and related matters with compassion and expertise.
Serving Texas and Arkansas From Multiple Locations
Ross & Shoalmire serves families throughout Northeast Texas and Arkansas from convenient office locations. We're proud to help families across Texas communities including Texarkana, Tyler, Paris, Longview, Marshall, Mount Pleasant, and beyond, as well as Arkansas communities including Magnolia, Hot Springs, Hope, El Dorado, Camden, and throughout the region.
Our office locations:
- Texarkana Office (Main): 1820 Galleria Oaks Dr, Texarkana, TX 75503 | Phone: 903-223-5653
- Tyler Office: Serving Smith County and East Texas
- Paris Office: Serving Lamar County and Northeast Texas
- Longview Office: Serving Gregg County and the Ark-La-Tex region
- Magnolia Office: Serving Columbia County and Southern Arkansas
Schedule Your Consultation Today
Whether you're facing immediate probate needs or planning for the future, we're here to help. Our attorneys bring decades of combined experience in Texas and Arkansas probate and guardianship law. We understand the procedures, know the courts, and most importantly, we understand the emotional weight these matters carry for families.
Don't navigate probate or guardianship alone. Contact Ross & Shoalmire today to discuss your situation with experienced attorneys who will treat your family with the dignity, respect, and professional excellence you deserve. We're committed to making difficult legal processes as smooth as possible while protecting your interests and honoring your loved ones.
