Looking for a Houston Will Attorney?

February 9, 2025 - Alice Dayton

Estate planning is a crucial step in securing your family’s future, and understanding the legal services a Houston will attorney can provide is important. If you live in Houston, Texas, understanding how a Houston will attorney can help is important. A well-crafted will ensures your assets are distributed according to your wishes and spares your loved ones legal headaches. In Texas, if you die without a valid will, state intestacy laws determine who inherits your property – which may not align with what you want

This article provides a comprehensive overview of estate planning in Houston, covering the role of will attorneys, costs of creating a will, Texas probate laws, and options like online will services. Whether you’re considering hiring a local attorney or using an online platform, this guide will help you make an informed decision.

Key Takeaways

Expert Guidance: Hiring a will attorney in Houston provides access to a legal team with expertise and personalized advice for your estate plan. An experienced lawyer ensures your will complies with Texas laws and addresses your unique family and financial situation. This can prevent costly errors and make the probate process smoother for your heirs.
Costs of a Will in Houston: The cost to draft a will in Houston can range widely. Hiring an attorney might cost $1,000 to $3,900 for a simple will, while more complex estates can run $5,000 to $10,000 or more. In comparison, online will services range from free to a few hundred dollars – for example, LegalZoom’s last will starts at about $89, and Trust & Will offers complete will packages for $199. BetterEstate offers free consultations through its Houston digital estate concierge service and charges $149 for a Texas will. There are also free estate planning resources available, such as Houston Volunteer Lawyers’ Wills Clinics for low-income residents and online legal aid through TexasLawHelp. Knowing these local resources can help you get assistance with drafting or probating a will in Houston.
Houston Probate Courts & Resources: Houston (Harris County) has dedicated probate courts for handling wills and estates. Probate Courts #1–4 are located at 201 Caroline St., Houston, TX 77002, and Court #5 is at 1115 Congress St., 5th Floor, Houston, TX 77002.

Why You Might Need a Houston Estate Planning Attorney

Creating a will is more than just writing down who gets your stuff. It’s a legal document that must meet specific Texas requirements to be valid, and Houston lawyers bring expert knowledge of Texas estate law to ensure your will holds up in court and truly reflects your wishes. Here are a few reasons working with a will attorney is beneficial:

Texas-Specific Expertise: Every state has its own estate laws. In Texas, for instance, an attested (typed) will requires your signature plus two credible witnesses over age 14 signing in your presence. Texas also allows holographic (handwritten) wills that don’t need witnesses, but those can be risky or easily contested. A local attorney will make sure your will is executed with the proper formalities so that it’s legally binding. They’ll also be familiar with Texas community property rules, homestead protections, and other state-specific factors that could affect your estate plan.

Probate Guidance: If you’ve ever dealt with probate, you know it can be complicated. In Harris County, probate cases go through the county’s statutory probate courts. A Houston probate attorney can guide your executors or family through this process, potentially saving time and money. (For example, having a properly drafted self-proving will – one that includes notarized affidavits from witnesses – means the court can accept the will without calling witnesses to testify, simplifying probate.) An experienced lawyer also understands how to avoid common pitfalls that lead to delays in the Harris County probate courts.

Customized Advice: Online forms might not ask the nuanced questions that a human attorney would. A Houston estate lawyer will discuss your family situation, assets, and goals in detail. They can advise on setting up trusts for minor children, planning for special needs beneficiaries, minimizing estate taxes, or handling unique assets (like an oil royalty or a family business). This level of personalization ensures no important details are overlooked. Attorneys can draft not just your will, but also related documents like powers of attorney and advance healthcare directives, creating a comprehensive estate plan tailored to you.
Peace of Mind: Perhaps the biggest reason to hire a will attorney is confidence. When you use a qualified Houston attorney, you know your documents are done right. There’s no second-guessing whether you used the correct language or met the legal requirements. The attorney will also typically supervise the signing (“will execution ceremony”) to make sure everything is properly signed and notarized. This greatly reduces the chance of your will being contested or deemed invalid later. As one Texas attorney put it: “there is no substitute for sound legal counsel to ensure your documents are enforceable”. Knowing you have a valid plan in place provides peace of mind for you and your family.

Reputable Houston Estate Planning Attorneys: Houston is home to many qualified estate planning law firms. If you’re looking for help, some well-known Houston will attorneys and firms include:

Crain, Caton & James – A respected firm that has served Houston families for over a century. They have deep experience in wills, trusts, and probate and were voted a top trust and estate law firm in Houston.
Dossey & Jones, PLLC – Established in the 1950s and serving the Greater Houston area (including The Woodlands), this firm has a long history in estate planning. They handle everything from simple wills to complex trusts and have been recognized as a “Best of the Best” finalist by the Houston Chronicle.

Porter Hedges LLP – A large Houston firm with a dedicated Trusts and Estates practice. They can assist with high-value estates, business succession planning, and probate litigation if needed.
Burch Law – A local Houston-area firm (based in Sugar Land) known for probate work and for helping clients fix DIY estate planning mistakes. (They’ve noted that “more than 80% of wills created online end up having legal problems” when brought to probate, underscoring the importance of doing it right.)

These are just a few examples – when choosing an attorney, look for someone with estate planning expertise (often called an estate planning attorney or probate attorney). Check reviews, ask about their experience with situations similar to yours, and ensure you feel comfortable with them. Hiring the right Houston will attorney means you’ll get knowledgeable guidance through every step of planning your estate.

How Much Does It Cost to Create a Will in Houston?

Cost is a common concern when embarking on estate planning. In Houston, the price of creating a will can vary based on the complexity of your estate and the method you choose (attorney or DIY). Below is a breakdown of typical costs:

Attorney Fees for Wills in Houston: Hiring a lawyer to draft your will in Houston can be more affordable than people expect, and visiting a local Houston office can provide personalized service. For a straightforward will, lawyers may charge anywhere from around $1,000 to $3,900 in most cases. Simpler cases (single individual, no complex assets) tend to be on the lower end. There may be cheaper options and some attorneys offer flat-fee estate planning packages e.g. one Houston attorney charges $750 for an individual estate plan package including a will plus powers of attorney and medical directives.

However, if your needs are more complex (multiple properties, blended family, desire to set up trusts, etc.), the attorney’s work is more involved and fees will be higher. It’s not unusual for a comprehensive estate plan to cost $5,000-$10,000 or more in attorney fees. Always discuss fees upfront during your initial consultation. Many estate attorneys will provide a flat quote once they understand your situation, so you know exactly what you’ll pay.

Online Will Service Costs: Online will-making platforms can be a budget-friendly alternative. Here are a few popular options and their pricing (as of 2024-2025):

BetterEstate: A more modern digital estate planning concierge service. BetterEstate uses a digital assistant (“Alice”) to help create your will or trust through an interactive consultation. Their pricing is $149 for a will package (which includes a last will & testament, a durable power of attorney, a medical power of attorney/living will, HIPAA release, plus the attorney review and even notarization support). This is a flat one-time fee but you can get a free consultation first. BetterEstate’s model is intended to give you the convenience of an online service with the added assurance of AI oversight. Essentially, it bridges the gap between DIY and hiring your own attorney. (We’ll discuss online vs attorney trade-offs in the next section.)
LegalZoom: One of the most well-known legal document services. A last will and testament on LegalZoom starts at $89 for a basic document.

Trust & Will: A dedicated online estate planning service. Their will-based estate plan package costs $199 for an individual or $299 for a couple.
FreeWill: As the name suggests, FreeWill lets you create a basic will online for free. It’s a simple questionnaire-driven process and at the end you get a printable will.
Other Platforms: There are other online will makers too. For example, Quicken WillMaker offers an older software for around $100, and platforms like Rocket Lawyer provide membership-based access to legal documents. For Texans specifically, some local attorneys even offer interactive online will drafting for a moderate fee (for instance, one Texas firm offers an online will service for $199). The key is that online options typically range from $0 to a few hundred dollars – almost always cheaper than hiring a wills lawyer one-on-one.

Which Should You Choose (Cost vs. Value)?: If budget is a concern or your estate is not too complex, an online will may be ideal and much faster to create. You could get a basic will for under $200 (or free). But remember the old saying: “you get what you pay for.” With an attorney, you’re paying not just for a document, but for counsel and peace of mind. That’s why BetterEstate launched its free digital estate planning concierge service, to provide you with an expert who can answer almost any legal estate question you have.

Some Houstonians actually opt for a hybrid approach: use online tools for education or initial drafts, but consult with a local attorney to review or finalize everything. Ultimately, choose the option that gives you confidence that your wishes will be carried out. In the next section, we’ll dive deeper into how online will creation compares to hiring an attorney, beyond just the dollar signs.

Online Will Creation vs. Hiring an Attorney

Thanks to technology, creating a will online has never been easier. Digital platforms offer convenience and lower prices – but how do they stack up against hiring a professional? Let’s compare the two approaches on several key points:

1. Convenience and Speed: Online will platforms are extremely convenient. You can draft a will from your couch at 10 PM, at your own pace. The process usually involves answering a series of questions about your assets, family, and wishes. Many people find they can complete a basic will online in under an hour. With instant download, you could have a finished will in hand the same day. Hiring an attorney, in contrast, typically involves scheduling at least one meeting (often during business hours), possibly filling out intake forms, then waiting days or weeks for the lawyer to draft the documents. For busy individuals, the flexibility of online services is a big plus.

2. Cost Savings: Online services are usually much cheaper, with some even offering free options. Even paid services like LegalZoom or Trust & Will tend to be a few hundred dollars or less, which is often lower than a private attorney’s fee. BetterEstate’s free digital estate assistant can be a great starting point before deciding which platform or lawyer to use next.

3. Personalization and Complexity: This is where attorneys who practice law shine. Many online questionnaires cover the basics well: leaving your property to a spouse, kids, or naming a guardian, etc. But they can fall short if your situation doesn’t fit the standard mold. For example, if you have a blended family and want to ensure step-children inherit, or you have a child with special needs and need a trust, a generic online will form may not address these nuances adequately. An attorney can craft custom provisions for unique circumstances. Legal expertise is crucial for spotting issues you might not consider, though many platforms are designed to address them effectively.

4. Error Prevention: Wills must meet certain formalities to be valid. A common pitfall of DIY wills is improper execution – like not signing with the correct witness procedure. There’s a true story from Texas of a man who used an online will form: he signed on one date, and his two witnesses each signed on different later dates. The will was not signed by all parties in one continuous event, so it failed the execution requirements and was declared invalid. His family discovered this only after his death, which meant the estate had to be treated as if he had no will at all. Online platforms usually provide instructions, but there’s no one personally ensuring you follow them. An attorney will oversee the signing to make sure everything is done by the book. Moreover, lawyers carry malpractice insurance – if they made an error, your estate might have recourse.

5. Legal Support and Updates: When you hire an attorney, you’re paying for both expertise and a relationship, typically at around $300 per hour. If you have questions while planning, you can ask and get answers specific to you. If you need to update your will later (say you have a new child or move to a new house), you can consult the same attorney who knows your context. Some online services offer legal support and BetterEstate includes unlimited digital expert Q&A as part of its concierge service. But generally, a purely DIY will doesn’t come with ongoing counsel. The ease of online updates is a plus (many platforms let you edit or update your will easily), but you need to know what changes to make. An attorney can advise when an estate plan review is needed (e.g., if Texas law changes regarding estate tax or if you inherit a new asset).

6. When Professional Guidance Is Necessary: For complex estates, high-value assets, or tricky family dynamics, you should strongly consider hiring an attorney. Examples include: estates with significant real estate or business interests, situations with potential family conflict (to ensure the will is ironclad against contests), providing for a beneficiary with special needs (to avoid jeopardizing government benefits), or if you need sophisticated tools like trusts, tax planning, or charitable gifts. In such cases, the cost of a lawyer is an investment to prevent far more expensive problems later. On the flip side, if you have a modest estate (like a couple bank accounts, a house, and a car), and just want a simple will naming a handful of beneficiaries, an online will could serve you just fine for now. You can always upgrade to an attorney-drafted will when your estate grows or if your situation changes.

Conclusion on Online vs Attorney: Online will creation offers affordability and convenience, making estate planning accessible to more people – which is a great thing. It’s certainly better to have a basic will in place than to procrastinate just because you can’t see a lawyer immediately. However, online tools have their limitations. Hiring a Houston will attorney provides personalized legal counsel, reassurance of validity, and often a more comprehensive estate plan. Many Houstonians use a combination: they might draft a will online, then have a local attorney review it, or they use an online service that involves attorneys in the back end. For instance, BetterEstate’s digital concierge can be seen as a hybrid model – you start online, but a Texas-licensed attorney will review and finalize your will, giving you the best of both worlds. Ultimately, the right choice depends on your comfort level, budget, and complexity of your estate. If in doubt, you might start with an online platform to gather information, and then consult a Houston attorney to double-check everything. Estate planning is not either-or – what matters is that you get it done, correctly.

Understanding Wills & Probate in Texas

To make informed decisions, you should understand how wills and the probate process work in Texas, especially in Houston. This section outlines key points about Texas wills and what happens after someone passes away (probate).

Texas Will Execution Requirements: In Texas, a valid written will must be signed by the person making the will (the testator) and attested by two witnesses who are at least 14 years old, all in each other’s presence. This is for a typical typed or lawyer-prepared will (formally called an “attested will”). The witnesses should be disinterested (not beneficiaries if possible) to avoid any conflicts of interest in probate. Notably, Texas does not require wills to be notarized to be legally valid. You could sign your will with two witnesses and it’s a valid will even without a notary stamp. However, it’s standard practice to include a self-proving affidavit, which is notarized. A self-proving affidavit is a separate page where you and your witnesses swear under oath that you signed the will properly. By signing this in front of a notary, you make the will “self-proving,” meaning when it’s presented to the probate court, the court can accept it without calling in the witnesses to testify later. Essentially, the notary’s seal on that affidavit takes the place of live witness testimony. Almost every will prepared by an attorney in Houston will have this, since it streamlines probate. If you’re using an online will template, make sure it provides a self-proving affidavit for Texas. If not, you can still probate the will, but your witnesses will need to sign statements or appear in court after you’re gone, which is a hassle.

Texas also recognizes holographic wills – a will entirely in the testator’s handwriting. A holographic will doesn’t need any witnesses to be valid in Texas. But it must be completely handwritten (if you type part of it and handwrite part, it doesn’t count as holographic). Holographic wills are common for emergency situations (like someone scribbles their will in a diary during a crisis). While they can hold up in court if clearly written and signed, they often cause more probate headaches (courts have to verify the handwriting, etc.). It’s generally better to have a properly witnessed formal will.

Probate in Houston (Harris County): “Probate” is the legal process of administering a deceased person’s estate – proving up the will, appointing an executor, paying debts, and distributing assets to beneficiaries. In Texas, if you leave a valid will that specifies an independent executor, the probate process is relatively streamlined. The executor can often handle most tasks without heavy court supervision (this is called independent administration). They will need to file the will with the court, get officially appointed, and file an inventory of assets, but after that they can settle matters with minimal court interference. If a will is not self-proved or has other issues, the probate court will require additional steps, like witness testimony to validate the will, which can slow things down.

In Houston, probate cases are heard by the Harris County Probate Courts (numbers 1 through 5). These courts are all located downtown (near the county courthouse complex). Four of the courts (Probate Courts #1 through #4) share an address at 201 Caroline Street in Houston, and the newest court (Probate Court #5) is at 1115 Congress Street (basically around the corner). Each court has an elected judge specializing in probate matters. (We list the current judges in the FAQ section below.) When you file a probate application, it gets assigned to one of these courts. Attorneys experienced in personal injury trial law can also provide valuable insights during the probate process, ensuring that all legal aspects are thoroughly addressed.

How Long and How Much Does Probate Take? This can vary. With a well-drafted will and independent administration, probate in Texas can be completed in a matter of a few months in straightforward cases. However, if the will is contested or if there are complications (missing signatures, disputes among heirs, etc.), it could drag on much longer. Burch Law (Texas estate attorneys) note that if you lack a proper will and your estate has to go through a full probate, it could cost $7,000 or more and take 9+ months to get everything settled. That’s a good incentive to have your will done correctly – a little planning now saves your family considerable time and expense later.

Texas probate courts also handle cases when someone dies without a will (intestate). In that case, the court must determine the legal heirs according to Texas law, which can involve an extra proceeding (often an heirship hearing with an attorney ad litem appointed to find any unknown heirs). If you have a will, you avoid that step and directly name who inherits, which is much simpler.

Avoiding Probate: One advantage often discussed in estate planning is avoiding probate entirely, typically by using a living trust or other mechanisms (joint ownership, beneficiary designations, etc.). In Texas, probate is not as onerous as in some states (like California), so many people are fine with just a will. But if keeping your affairs private and bypassing court is a priority, you might consider a revocable living trust in addition to a will. A trust can hold your assets and transfer them to beneficiaries without a court process. That said, a will is still needed even if you have a trust (at least a “pour-over will” to catch any assets not in the trust). The decision to use a trust is a more advanced topic – a Houston estate attorney can advise if it’s worth it for your situation. Basic takeaway: a will is the foundation of most estate plans, and Texas probate for wills is relatively straightforward when everything is in order.

Other Texas Will Laws to Note: Texas has some unique provisions, like community property for married couples (which affects what you can give away in your will if you’re married – you generally can only give away your half of the community property, since your spouse already owns the other half). Also, Texas allows Muniment of Title probate – if a person dies with a will and no debts, the family can do a simplified probate just to prove the title of assets and not appoint an executor long-term. This is a quick one-hearing probate process allowed by Texas law, and another reason having a will is useful.

Finally, Texas offers the option to deposit your will with the county clerk for safekeeping while you’re alive (for a $5 fee). Few people use this, but it’s available – you can literally store your original will at the courthouse so it doesn’t get lost. Most people alternatively keep their will in a safe deposit box or fireproof safe at home (more on that in the FAQ on storage).

In summary, understanding Texas wills and probate helps you appreciate why certain steps (like proper witnessing and self-proving affidavits) are important. A Houston will attorney will ensure all these boxes are checked so that when the time comes, your will can be probated smoothly and your beneficiaries receive their inheritances as you intended.

Avoiding Common Mistakes in Proper Estate Planning

Estate planning is fraught with potential pitfalls, especially if done without expert guidance. Here are some common mistakes Houston residents should avoid when creating a will or estate plan:

Procrastination / No Will at All: The biggest mistake is simply never getting around to making a will. Many people in Texas die intestate (without a will), leaving state law to decide who gets what. This can result in outcomes you wouldn’t have wanted. For example, if you’re married with children, dying without a will could force your spouse to share your estate with your kids in a way that might not be ideal. As the Texas A&M Foundation bluntly puts it, you don’t need to be wealthy – **“a plan gives you the freedom to personally allocate assets… Without an estate plan, the state decides who distributes your assets”. Don’t leave it up to chance or the courts; make a will while you can.
DIY Missteps (Invalid Wills): Trying to plan on your own without understanding the legal requirements can lead to invalid documents. We’ve mentioned execution errors like missing signatures or wrong witness procedures which can nullify a will. Another mistake is using a generic form that doesn’t comply with Texas law (laws vary by state, so a form you find online might lack something Texas requires). Some people also inadvertently revoke or overwrite their wills by making handwritten changes incorrectly. To avoid an invalid will, follow Texas formalities to the letter – or better yet, get a lawyer’s help. Remember, there is no “close enough” in probate; a will is either valid or it isn’t.
Not Updating Your Documents: Life is not static, and neither is your estate plan. Failing to update your will and beneficiary designations after major life events is a common error. Births, deaths, marriages, divorces, and asset changes all may require updates. For instance, if you divorce in Texas, provisions for your ex-spouse in your will are automatically voided by law – but you should still update the will to reflect your new intentions. Likewise, if you have another child, you’d want to include them. The Texas A&M Foundation notes that it’s crucial to update your plan as your circumstances change (moving to a new state, remarriage, new laws, etc.). A good rule of thumb is to review your estate plan every few years or whenever a significant event happens.

Forgetting Non-Probate Assets: Some people think a will covers everything, but certain assets pass outside of probate and won’t follow the will. Examples are life insurance policies, retirement accounts (401k, IRA), and bank accounts with POD (payable on death) designations. These will go to the named beneficiaries on the account, regardless of what your will says. A common mistake is not coordinating those designations with the will. Make sure your IRA beneficiary is who you want (and name a contingent beneficiary too). As one estate tip: **“update and match the beneficiary designations in your insurance policies and retirement plans because they supersede wishes left in your will.”. If you don’t, you might inadvertently leave a large 401k to an ex-spouse or someone who you no longer intend to benefit, because you forgot to change the form. Check these periodically, especially after life changes.
Naming the Wrong Executors or Trustees: Choosing the people to carry out your plan is vital. A mistake here could be naming someone who is not suited to the role – maybe they’re too old, not responsible with finances, or they live far away and will have trouble managing a Houston probate from out-of-state. Sometimes people feel obligated to pick relatives who may not be the best choice. Think carefully about who should be your executor (and a backup executor). Make sure they are willing to serve and able to do the job. An estate attorney can advise on this decision. Similarly, if you set up a trust for minor children, pick a capable trustee.
Not Planning for Guardianship of Minors: If you have young children, don’t overlook naming a guardian for them in your will. This is the person who would raise your kids if both parents are deceased. Failing to designate a guardian can lead to family conflicts or court battles if the worst were to happen. Put it in writing to ensure your kids are cared for by someone you trust.
Omitting Key Documents (Beyond the Will): A will by itself only goes into effect when you die. What if you become incapacitated? A complete estate plan includes a durable power of attorney (for financial matters) and a medical power of attorney or advance directive (for healthcare decisions). Many people make the mistake of only doing a will and nothing else. If you were in a coma, your family might not be able to access your bank account or make medical decisions on your behalf without those documents. In Houston, some attorneys offer package deals because these documents are as essential as the will. Don’t forget to set these up along with your will to avoid messy guardianship proceedings if you’re ever incapacitated.

Neglecting Elder Law Considerations: Failing to plan for long-term care and the legal needs of elderly relatives can lead to significant challenges. Consulting with an attorney experienced in elder law can help ensure that these important aspects are addressed.

These are just a few of the common estate planning mistakes we encounter in Texas. The thread that ties them together is the lack of knowledgeable guidance. An experienced Houston will attorney or the right online tool can help you avoid all of the above. They will prompt you to think about contingencies, ensure all legal formalities are satisfied, keep your plan updated, and coordinate all aspects (will, beneficiaries, powers of attorney) into a coherent strategy. It’s often said that estate planning is not for you, but for your loved ones – by avoiding these mistakes, you save your family from confusion, conflict, and extra costs down the road.

Benefits of Hiring a Local Houston Estate Planning Lawyer

We’ve touched on the advantages of legal expertise and guidance, but why specifically choose a local Houston attorney? Here are some benefits to going local when it comes to your will and estate plan:

Knowledge of Texas Law: A Houston-based attorney will be intimately familiar with Texas estate statutes and the latest legal developments, including family law matters that may impact your estate plan. Texas has unique laws (like independent administration in probate, community property, and no state estate tax) that a lawyer from another state might not know offhand. A local attorney works with these laws daily and can ensure your will is compliant with all Texas requirements. They’ll also know how to leverage Texas-friendly tools (for example, using a Transfer on Death Deed for real estate, which is allowed in Texas, to complement your will). Good online platforms will have similar knowledge of state-specific laws.
Familiarity with Local Courts: If your will does need to go through Harris County probate court, a Houston attorney who practices there will be familiar with the court’s procedures and personnel. They may know the judges and clerks, and understand the specific filing requirements in Harris County. This can make the probate process more efficient and less intimidating for your family. Essentially, they can “speak the language” of the local courts.
Accessibility for You: Working with a local attorney means you can meet face-to-face if needed, and it’s easier to communicate. While much can be done by phone or email nowadays, there’s value in having your lawyer nearby. If you have an urgent question or need to update your will quickly, a Houston attorney can accommodate that, sometimes even with a same-day meeting. You’re not one of thousands of users of a website; you’re a client with a personal relationship to a professional.
Network of Related Services: Estate planning often touches on other areas – maybe you need a referral to a financial planner, an appraiser, or a realtor to value and plan for your assets. Houston estate attorneys usually have a network of local professionals they trust. They can refer you to, say, a Houston financial advisor for life insurance or a CPA for estate tax questions. This holistic approach is something you won’t get from an online form.
State and Local Resources: A Houston will attorney can also point you toward local resources that might benefit you. For example, if you have a very modest estate, a decent attorney will know about pro bono will clinics (and might even volunteer there) and could advise if that’s an option. They might mention the Houston Volunteer Lawyers program if cost is a major issue, or guide you to TexasLawHelp for certain information. Basically, they’ll know the lay of the land in Houston’s legal community.
Continuity for Your Family: Hiring a local attorney now can provide a helpful contact for your family later. If that attorney is still practicing when you pass away, your executor can turn to them for help probating the will (often the attorney will retain a digital or physical copy of your documents as well). Even if the attorney doesn’t handle the probate, they could recommend a good probate lawyer for your family. Having that continuity can make the estate administration smoother for your loved ones, who will already be dealing with a difficult time.
Personalized Service: Ultimately, working with a local Houston attorney offers a level of personal service that impersonal online platforms or out-of-town services just can’t match. You can sit across the table from them, ask questions, and build trust. Estate planning is deeply personal – you’re sharing details about your assets and family wishes. Many people feel more comfortable doing that with someone local who understands Houston’s culture and community. It’s about peace of mind, knowing “I have a lawyer in Houston I can call” if I need anything related to my will.

In summary, a local Houston will attorney brings local expertise, convenience, and peace of mind. They know Texas law and Houston courts, they are accessible to you, and they provide tailored advice and support. While online services and out-of-area options exist, there’s nothing quite like having a trusted Houston professional by your side for something as important as your estate plan.

Commonly Asked Questions About Estate Planning in Houston

Below we answer some frequently asked questions specific to wills and probate in the Houston area.

Where is the probate court located in Houston?

Probate cases in Houston (Harris County) are handled at the Harris County Probate Courts, with the main Houston office located at the Harris County Civil Courthouse in downtown Houston. The main location is the Harris County Civil Courthouse in downtown Houston. Probate Courts No. 1 through No. 4 are all housed at 201 Caroline St., Houston, TX 77002 (this is the civil courthouse building). Each of those four courts is on a different floor of that building. The newer Probate Court No. 5 is a short walk away in the old jury assembly building at 1115 Congress Street, 5th Floor, Houston, TX 77002. All probate courts have similar hours (typically Monday–Friday, 8:00am to 4:30pm).

When you file a will for probate, you’ll go to the clerk’s office at the courthouse to file the paperwork, and your case gets assigned to one of the five probate courts. For reference, the judges of these courts (as of 2024) are: Jerry Simoneaux (Court #1), Pamela Medina (Court #2), Jason Cox (Court #3), James Horwitz (Court #4), and Fransheneka “Fran” Watson (Court #5). All courts 1–4 are at the Caroline Street address, and Court 5 is at the Congress Street address.

If you need to visit or contact the probate courts, you can find more info on the Harris County Probate Courts website, or call the county clerk’s probate department for guidance. Parking can be a challenge downtown, so plan accordingly if you have a hearing (there are several public parking garages in the area).

What free estate planning resources are available in Houston?

Houston offers several resources for those who need help with wills but may not afford private legal services:

Houston Volunteer Lawyers (HVL) Wills Clinics: HVL, in partnership with the City of Houston Department of Neighborhoods, runs periodic Wills Clinics for low-income residents. These clinics are staffed by volunteer attorneys who will prepare simple wills and accompanying documents free of charge for qualified individuals. Typically, you need to meet income guidelines (for example, low-income or fixed income seniors often qualify). The clinics require registration and a screening interview. Once accepted, clients attend two sessions – one to discuss wishes and gather information, and a second where the lawyers execute the will and other documents. The clinics are usually held monthly. This is a fantastic service for those on a tight budget; you get a professionally drafted will at no cost. You can contact Houston Volunteer Lawyers or the City’s Department of Neighborhoods for upcoming clinic dates.

Houston Volunteer Lawyers – Direct Services: Apart from the clinics, HVL also allows eligible individuals to apply for free legal assistance. HVL’s estate planning program provides free help with preparing wills, advance directives, and powers of attorney for those who qualify (generally low-income persons). You typically fill out an application and if approved, you’ll be matched with a pro bono attorney. This can take some time due to demand, but it’s an option.

TexasLawHelp.org: While not Houston-specific, TexasLawHelp.org is an excellent online resource with free legal forms and guides. It’s a joint effort by legal aid organizations and the courts. You can find a toolkit for “Wills in Texas” that includes forms for a basic will, instructions, and even information on probate. It’s geared towards those who are handling it themselves. If you cannot afford a lawyer, using the TexasLawHelp forms to draft a simple will is an option (though if your estate is complex, it’s still better to seek at least some legal advice).

Law Library and Workshops: The Harris County Law Library (downtown) sometimes holds free public workshops or has reference materials for estate planning. Additionally, organizations like AARP or local community centers occasionally host “planning your legacy” seminars that provide general advice and resources. Keep an eye on community bulletin boards or websites for such events in Houston.
Legal Clinics at Universities: South Texas College of Law in Houston and other nearby law schools sometimes have student-run clinics. For example, Texas A&M’s law school runs a probate & estate planning clinic that provides free estate plans (including wills) to low-income individuals. Even though Texas A&M’s campus is in Fort Worth, they might handle cases around Texas or have info they can send. University of Houston Law Center may have similar programs via their clinical education department.

Publications: The Houston Bar Association occasionally publishes guides or pamphlets (like “Estate Planning Basics”) which might be available for free on their website or in public libraries. These can help you understand the process and options.

In summary, if you need a will in Houston and cost is a barrier, start with Houston Volunteer Lawyers – they “provide free legal assistance to eligible individuals in preparing and executing wills”. And leverage TexasLawHelp’s free forms and info. It’s always better to have some form of estate plan than none at all, even if you have to use these free resources.

How can I securely store my will in Houston?

Once you’ve signed your will, the original document is very important. You need to keep it safe from damage or loss, but also ensure it can be found and accessed when needed. Here are some secure storage options for your will:

Home Safe or Filing Cabinet: Many people in Houston simply store their will at home in a fireproof safe or a locked file cabinet. This is convenient, but make sure it’s protected from disasters (fire, flood) and that your executor or a trusted family member knows the location and how to access it. There’s no point in a will that nobody can find. If you use a home safe with a combination, consider sharing the code with someone or leaving instructions to be opened upon death. Consulting with your legal team can provide additional guidance on the best practices for storing your will securely.
Safe Deposit Box: Storing your will in a bank safe deposit box is a popular choice and considered very secure. Texas law has provisions to allow relatives to access a deceased person’s safe deposit box to retrieve the will. Specifically, a bank officer can allow the spouse, a parent, or adult children of the deceased to open the box in their presence to look for a will (and an insurance policy). If a will is found, the bank can release it to the named executor or file it with the court. It’s important that your family knows which bank and box you used. As one Texas attorney advises, “as long as your beneficiaries know you have a safe deposit box and where it is, this is a great place to keep your original will.”. Do note that if the bank is unaware of your death or your family composition, there might be some paperwork (like providing a death certificate) to access the box, but Texas Estates Code explicitly allows box access for will search, even via a court order if needed. So safe deposit boxes are a solid choice.

With Your Attorney: Some estate planning attorneys will offer to hold your original will in their vault or safe, and give you a copy. This was more common in the past. These days, opinions differ – some attorneys prefer the client keep the original. If you do leave it with your lawyer, ensure the executor knows which attorney’s office has it. The downside is if that attorney retires or moves, tracking it down could be an issue. A Houston lawyer noted that attorneys can die or go out of business like anyone else, so don’t blindly rely on them to store your will forever. If you trust your law firm and they’re stable, it’s an option, but check in periodically.

County Clerk Deposit: Texas law allows you to deposit your will for safekeeping with the county clerk’s office of your county of residence. In Harris County, the probate clerk will accept a will for deposit during your lifetime for a $5 fee. They keep it sealed, and it can only be released to you (during your life) or to a qualified person after your death (like the executor, upon proof of death). When you deposit it, the clerk issues a certificate of deposit for the will. This method is very secure (a courthouse vault), but not widely used. If you’re prone to misplacing things or have no good place to store a will, it’s worth considering. Just be sure your family knows that you deposited it with the county clerk. They’ll need to go retrieve it (with a death certificate) to probate it.

Multiple Copies: It’s okay to make photocopies of your will and let your executor or a close family member have a copy, with a note indicating where the original is kept. The copy itself can’t be probated (only the original signed will can, in most cases), but having a copy is useful so your family knows what to look for and what your wishes are.

Important: do not remove staples or attach things to your will. Texas courts prefer the will be presented exactly as executed (removing staples can raise questions of tampering). So once it’s executed, just store it as-is in an envelope. Also, do not write on the original after signing. If you need to change something, do a formal amendment (codicil) or a new will – don’t mark up the original.

In summary, a bank safe deposit box or a fireproof home safe are common secure storage methods in Houston. Texas law facilitates access to a decedent’s safe deposit box for will retrieval, so that’s reassuring. And Texas’s Estates Code even allows depositing the will with the county clerk for safekeeping. Whichever method you choose, inform your executor or loved ones so they know where to find the original will when the time comes.

Who are the probate judges in Houston?

Harris County (Houston) has five statutory probate courts, each with an elected judge and supported by experienced Houston lawyers. As of 2024, the probate judges in Houston are:

Judge Jerry Simoneaux – Presiding Judge of Harris County Probate Court No. 1.
Judge Pamela Medina – Presiding Judge of Probate Court No. 2.

Judge Jason Cox – Presiding Judge of Probate Court No. 3.

Judge James Horwitz – Presiding Judge of Probate Court No. 4.

Judge Fransheneka “Fran” Watson – Presiding Judge of Probate Court No. 5.

All five are experienced attorneys who handle cases involving probating wills, estate administration, guardianships, and mental health commitments. They each have their own staff and courtroom procedures, but broadly follow Texas probate law. If you’re filing a probate in Houston, your case will be randomly assigned to one of these judges’ courts (or sometimes transferred if there’s a related case). It’s not typically something you choose, but it’s useful to know who they are. You can find each court’s website with contact info and any local rules or guidelines.

For example, Judge Jerry Simoneaux (Court 1) has information available for pro se (self-represented) applicants on the court’s site, and Judge Jason Cox (Court 3) also oversees the Harris County Mental Health Court. These judges are elected county-wide and usually serve four-year terms. They’re all located in the downtown probate court addresses mentioned earlier.

In case you’re curious: Harris County used to have only four probate courts for many years, but the 5th court (Judge Watson’s court) was added more recently to handle the growing number of cases in the Houston area.

Knowing the judges isn’t usually necessary unless you’re involved in a contested estate case or attending a hearing, but some people like to be aware. If you ever need to attend probate court, address the judge as “Judge [Last Name]” or “Your Honor,” and they will guide non-lawyers through the proceedings as needed – the probate judges in Houston are generally known for being helpful and understanding, especially when families are navigating the process during a difficult time.

Conclusion

Estate planning may seem daunting, but it’s one of the most responsible and caring things you can do for your loved ones. Whether you have a large estate or just a few cherished assets, a proper will and estate plan ensure that your wishes are honored and your family is taken care of. In Houston, you have access to knowledgeable will attorneys, state-of-the-art online planning tools, and local resources to help you craft the right plan.

This article covered why working with a Houston will attorney can be so beneficial – from navigating Texas-specific laws to avoiding common pitfalls and ensuring your documents are legally sound. We also explored the costs involved, finding that while attorneys may cost a bit more upfront than DIY options, they provide value in customization and peace of mind. Online will services like LegalZoom, Trust & Will, and BetterEstate offer convenient alternatives that many Houstonians are using, especially for simpler estates or as a starting point. Just remember that complex situations call for professional guidance. Texas’s probate process is relatively efficient when you have a valid will, and a little planning now can prevent huge headaches (and expenses) for your family later.

In the end, hiring a Houston will attorney is often a smart decision if you want to get your estate in order with confidence. You’ll benefit from expert advice, ensure compliance with all the legal requirements, and likely learn about additional ways to protect your legacy (like trusts or powers of attorney) that you might not have considered. The peace of mind that comes with a well-crafted estate plan is priceless – you can live your life knowing that if anything happens, your loved ones are protected and your wishes will be carried out.

Next Steps / Call to Action: If you haven’t made a will yet, consider reaching out to a local Houston estate planning attorney for a consultation. Many offer a free initial meeting to discuss your needs and explain what they can do (and what it might cost). It’s an opportunity to ask questions specific to your situation. Alternatively, if you’re not ready for an attorney or want to explore on your own first, you can try a digital estate planning service like BetterEstate’s digital concierge. BetterEstate offers a free consultation call and an AI-guided will creation process backed by licensed Texas attorneys – a modern approach that combines convenience with professional oversight. Whichever route you choose, the key is to take action: start the conversation about your estate plan today. Making a will is easier than you think, and it will spare your family unnecessary difficulties in the future. Don’t wait for a crisis – plan now so you can enjoy the present, knowing your future (and your family’s) is secure.

Frequently Asked Questions

Do I need a lawyer for a will in Texas?

Legally, no – Texas does not require you to use a lawyer to draft a will. You can handwrite your own will (a holographic will) or use an online form and as long as it meets Texas’s legal requirements, it’s valid. In fact, Texas even recognizes wills that are entirely in the testator’s handwriting with no witnesses. However, while you can make a will without a lawyer, it’s often wise to seek legal guidance. Estate law can be technical, and small mistakes can invalidate a will or create unintended outcomes. A lawyer will ensure your will is properly drafted, executed, and addresses your specific circumstances. They can also advise on things you might not think of, like coordinating beneficiary designations or setting up contingent trusts for minors. If your estate is very simple and you’re on a tight budget, you might attempt a DIY will – but even then, having a lawyer review it could be beneficial. Remember the statistic that a large majority of DIY wills have issues when probated. That underscores that while a lawyer isn’t required by law, their expertise can be crucial for peace of mind. For most people, especially if you own a home, have children, or any complexity, using an experienced estate planning attorney is highly recommended to avoid costly mistakes. It’s an investment in making sure your wishes are carried out exactly as you intend. Just as you would seek a specialist for medical malpractice cases, consulting an estate planning attorney ensures your will is properly drafted and executed.

What type of lawyer is best for wills?

For drafting a will or any estate planning documents, you should seek an estate planning attorney (also known in some cases as a wills and trusts attorney or probate attorney). This area of law is somewhat specialized – you want someone whose primary practice is estate planning, wills, trusts, and probate. An estate planning attorney will be familiar with all the nuances of state law regarding wills, will know how to draft to anticipate tax issues or probate shortcuts, and can give comprehensive advice (for example, they might suggest you also need a power of attorney or recommend a trust if beneficial). In Houston, look for attorneys or law firms that explicitly mention Wills, Trusts, Estate Planning, or Probate in their services. Often, attorneys who are certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization are a good choice. You do not need, say, a trial lawyer or a corporate lawyer for this task – while any licensed attorney could draft a will, an attorney who focuses on estate planning is best suited. They stay updated on the laws and have done many wills, so they’ll do it efficiently and correctly. Many general practice lawyers also do wills, but ensure they have solid experience. In short: choose a qualified estate planning lawyer – that’s the type of lawyer that is “best for wills” and estate documents. Similarly, attorneys specializing in wrongful death cases provide the necessary expertise to navigate complex legal matters.

What is Estate Planning?

Definition of estate planning

Estate planning is the process of preparing for the distribution and management of an individual’s assets after their death or incapacitation. It involves creating a comprehensive plan that outlines how one’s assets, including property, investments, and personal belongings, will be distributed among family members, friends, or charitable organizations. Estate planning also involves making arrangements for the care of minor children, pets, and other dependents. By planning ahead, you can ensure that your wishes are honored and that your loved ones are taken care of according to your specific instructions.

Importance of estate planning in Houston

Proper estate planning is crucial in Houston, as it ensures that your wishes are respected and carried out after your passing. Without a valid estate plan, the state of Texas will determine how your assets are distributed, which may not align with your desires. Estate planning also helps to minimize taxes, avoid probate, and prevent family conflicts. In Houston, estate planning attorneys can help individuals create a customized plan that addresses their unique needs and goals.

In addition, estate planning is essential for individuals with complex family situations, such as blended families, special needs children, or family members with substance abuse issues. A well-crafted estate plan can provide peace of mind, knowing that your loved ones will be taken care of and that your assets will be distributed according to your wishes.

In Houston, estate planning attorneys can assist with a range of services, including:

Creating wills, trusts, and powers of attorney
Establishing guardianships and conservatorships
Planning for long-term care and Medicaid eligibility
Drafting advance directives and living wills
Providing guidance on probate law and estate administration

By working with a qualified estate planning attorney in Houston, you can ensure that your estate plan is comprehensive, up-to-date, and tailored to your unique needs and goals. This proactive approach to estate planning not only protects your assets but also provides clarity and security for your family members during difficult times.