Phone: (956) 686-9400
Probate
At Aparicio & McLaren, we support families through the difficult process that follows the loss of a loved one. Administering an estate can feel overwhelming—from gathering assets and identifying debts to distributing property to beneficiaries. We guide you step by step, providing clarity and steady support when you need it most.
How we can assist you and your family
Upon meeting with one of our probate attorneys, we will review your family's circumstance, including the deceased person's assets and liabilities, to determine the most efficient and cost-effective way to transfer the deceased person's property to the proper beneficiaries or heirs.
Our goal is always to minimize probate court involvement, but if it becomes necessary to go through the court's probate procedure, we will assist you in fulfilling the duties of an executor or appointed administrator.
Aparicio & McLaren counsels clients on probate, estate, and trust administration in the following areas:
​
-
Probating a Will and the administration of the estate.
-
Intestate Proceedings
-
Small Estate Affidavits
-
Affidavits of Heirship
-
Documenting asset transfers to beneficiaries.
What do I do if the deceased person left a Will?
A common misconception is that having a Will means probate can be avoided. However, a Will must first be presented to a court and legally validated before it can be used to transfer property. Until a judge determines that the Will complies with Texas law and formally admits it to probate, it has no authority to distribute assets.
​
Probate is the process through which the court verifies the Will, appoints the executor, and oversees the administration of the estate. Although the process may sound complex, its purpose is to ensure that a person’s final wishes are properly carried out and that beneficiaries are protected under the law.
What happens if the deceased person did not execute a Will?
Many families face significant challenges when a loved one passes away without a will. In legal terms, this is called dying “intestate.” When no will exists, the estate cannot simply be distributed based on what the family believes the decedent intended. Instead, Texas law controls who inherits the property.
​
When a person dies intestate in Texas, the Texas Estates Code determines how assets are distributed among surviving family members. The outcome depends on several factors, including whether the decedent was married, whether there are children from a prior relationship, and whether the property is community or separate property. In many cases, the court must appoint an administrator and, if necessary, conduct an heirship proceeding to legally determine who the rightful heirs are.
​
Intestate administrations and heirship proceedings can be time-consuming and costly, particularly when family relationships are complex or assets are unclear. Our attorneys guide families through this court process, helping ensure that the estate is properly administered in compliance with Texas law.
Contact Information
5123 N McColl Rd, McAllen, TX 78504, USA
Phone: (956) 686-9400
