03 Jul
The days after losing a parent can feel like a blur—grief, memories and unanswered questions all colliding at once. Probate may seem impossible to face amid the chaos, but knowing the first steps to take within 30 days can bring clarity.
1. Secure death certificate and locate key documents
Start by requesting several certified copies of the death certificate. You’ll need them for banks, insurance and court filings. Then, locate these essential documents:
- The original will
- Any trust paperwork
- Letters of instruction
These documents allow your attorney to begin the probate process without delay.
2. Protect property and notify heirs
Secure your parent’s home, land and other property to prevent damage or unauthorized access. Notify close family and named beneficiaries early to reduce confusion and avoid disputes.
3. Gather financial and legal records
Collect documents that show what your parent owned and owed—bank statements, land deeds, vehicle titles, insurance policies and debts. These records give your attorney the information needed to move forward with probate.
4. Consult a probate attorney
Probate can get complicated, especially when land, debt or multiple heirs are involved. An experienced attorney can help you avoid costly mistakes and navigate the court process with confidence.
5. File for probate in the right court
File the will with the probate court in the county where your parent lived. If the will doesn’t exist, the court may require an heirship proceeding or a small estate affidavit under Texas Estates Code §205.001.