Springer-Lyle News Updates

latest legal news from the law firm of Springer-Lyle

1807 Westminster
Denton, TX 76205

940.387.0404

  • Home
  • About Us
    • Firm Overview
    • Attorney Profiles
  • Areas of Practice
  • Articles and Cases
  • What’s In the News
  • Resources
  • Videos
    • Who is Springer-Lyle?
    • FAQ Videos
      • FAQs on Business Litigation
      • FAQs on Healthcare, Medical & Pharmaceutical Cases
      • FAQs on Personal Injury, Automobile & Trucking Accidents
      • FAQs on Alternative Dispute Resolution
      • FAQs on Probate Cases
  • Contact Us
You are here: Home / Blog Articles / Featured / Do I Have to Hire an Attorney to Probate a Will?

Do I Have to Hire an Attorney to Probate a Will?

June 30, 2022 By Staff - s.r. Leave a Comment

In Denton County and most Texas counties, if you have been named the executor of an estate, you will need to be represented by an attorney in probate court. There may be some exceptions, such as if you are the sole heir and there are no debts, but in all other situations, you must be represented by an attorney licensed in the State of Texas.

Hire attorney for Probate a will

Why an Attorney is Required to Probate a Will

Only attorneys are licensed to represent others in court. According to the Denton County Probate Court, “Generally, only an attorney licensed in the State of Texas may represent a third person or entity in a judicial proceeding in the State of Texas.” In a probate hearing, the executor is not representing just himself or herself, but the interest of the other people who are heirs or beneficiaries.

If this type of representation were allowed, it would constitute an “unauthorized practice of law.” Texas courts will not allow this unauthorized practice of law.

The executor has a fiduciary duty to heirs, beneficiaries, and creditors. This fiduciary duty gives rise to legal obligations that require legal counsel. The attorney you hire will represent you in your capacity of executor. He or she will also assist you in representing those for whom you are responsible.

An Executor of an Estate May Not Proceed Pro Se

Pro se litigants are individuals who have not hired an attorney. They appear in court to represent themselves. Courts allow this only when the litigant is representing only himself. Pro se litigants are never authorized to represent the legal interests of another person. Since executors of estates are almost always representing the interests of others, they are never granted the right to proceed pro se.

Limited Exceptions That May Allow You to Proceed Pro Se in Probate Court

Denton County Probate Court has identified specific types of proceedings where you may proceed in pro se. These are instances when you are “truly representing only yourself.” Those exceptions are:

  • The executor is the only beneficiary and there are no debts against the estate except for those secured by real estate liens. (This is called a Muniment of Title proceeding.)
  • Where the filing of an Affidavit of Heirship may be appropriate.

Whether proceeding under either of these two exceptions is appropriate is a decision that needs to be made by legal counsel.

Attorney Aubry Dameron at Springer & Lyle can answer your questions regarding probating a will. She will review the detailed circumstances unique to you and explain to you how she can represent you if you are the executor of the estate. Contact her at 940-387-0404 to schedule a consultation.

Filed Under: Featured Tagged With: Attorney, Probate

Leave a Reply Cancel reply

You must be logged in to post a comment.

Subscribe by email

Have the latest news from Springer-Lyle
sent to your inbox.

Articles of Interest

Honda Worldwide Recall of Sedans, Minivans, SUVs

By Deepa Seetharaman and Bernie Woodall of Reuters. Honda Motor Co Ltd plans to recall nearly 2 1/2 million vehicles: small SUVs, cars and minivans worldwide. This includes the popular Accord sedan. … [Read More…]

Hip Implant Complaints Increase, While Dangers Are Reviewed

By BARRY MEIER and JANET ROBERTS of the New York Times Published: August 22, 2011 The federal government has received a surge in complaints in recent months about failed hip replacements, suggesting … [Read More…]

Tragedy Brought on by Tainted Fruit

By Moni Basu, CNN William Beach was one of those people who fixated on certain foods. He would eat the same thing voraciously for a few days, and then, when he tired of the same tastes, he moved onto … [Read More…]

No Better Care, Thanks to Tort Reform

Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came … [Read More…]

Springer & Lyle, LLP

1807 Westminster
Denton, TX 76205

phone: 940.387.0404
toll-free: 855.387.0404
fax: 940.383.7656

Disclaimer
The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

  • Facebook
  • RSS
  • Twitter
  • YouTube

 

 

make a Pament via LawPay

Return To Top of Page

Copyright © 2023 Springer & Lyle, L.L.P. • • • All Rights Reserved

Website Design by The Crouch Group

Log in