Hiring a Wills, Trusts or Probate Lawyer in Texas
What Texas requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Texas: fee rules
| Rules on contingency fees | Under Texas Disciplinary Rule of Professional Conduct 1.04(d), a contingent fee agreement must be in writing and state how the fee is determined; if the percentage differs for settlement, trial or appeal, each percentage must be stated. The agreement must state the litigation and other expenses to be deducted from the recovery and whether they are deducted before or after the fee is calculated. At the end, the lawyer must give the client a written statement describing the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.04(e) bars contingent fees for defending a criminal case. Rule 1.04(a) prohibits illegal or unconscionable fees. |
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| If you disagree with a lawyer's bill | The State Bar of Texas's Client-Attorney Assistance Program (CAAP), a confidential statewide dispute resolution service, helps clients and lawyers resolve minor disagreements and can help you communicate with your attorney about a fee, but it cannot recover fees or refunds. If you believe a fee is unjust or unsupported by the fee agreement or work performed, the bar advises filing a grievance; CAAP and the grievance process cannot be used at the same time. CAAP staff answer 1-800-932-1900. |
| If a lawyer takes your money | The State Bar of Texas Client Security Fund generally requires a grievance that results in findings that the lawyer stole the client's money or failed to refund an unearned fee, unless the lawyer is already disbarred, resigned in lieu of discipline or deceased, plus proof of the loss. Apply online within 18 months after the date of the disciplinary judgment. |
Texas rules to know first
| Requirements for a valid will | A person of sound mind may make a will if 18 or older, is or has been married, or is serving in the U.S. armed forces (or an auxiliary or the U.S. Maritime Service). The will must be in writing, signed by the testator (or by another person in the testator's presence and at the testator's direction), and attested by two or more credible witnesses at least 14 years old who sign in the testator's presence. |
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| Small estate affidavit | Available only when the decedent died without a will. At least 30 days must have passed since death, no petition for a personal representative may be pending or granted, and estate assets (excluding homestead and exempt property) must not exceed $75,000 and must exceed known debts. The affidavit is sworn to by two disinterested witnesses and each distributee with legal capacity, lists all known assets and debts and the family history, is filed with the court clerk, and must be approved by the judge. It does not transfer real estate, except that a homestead that is the only real property may pass if the approved affidavit is recorded in the county deed records. The $75,000 limit has applied since January 1, 2014; it was not changed in the 2025 legislative sessions. |
| How probate works | File an application to probate the will (generally within four years of death) or for letters of administration in the court with probate jurisdiction; the court admits the will and issues letters; within one month after letters, publish notice to creditors (and send it to the Comptroller if the decedent owed state-administered taxes) and, within two months, notify secured creditors; file a verified inventory, appraisement and list of claims before the 91st day after qualifying (an independent executor may file an affidavit in lieu of inventory in some cases); pay claims and distribute; close the estate. Four-year rule: https://tcss.legis.texas.gov/resources/ES/htm/ES.256.htm ; creditor notices: https://tcss.legis.texas.gov/resources/ES/htm/ES.308.htm |
Find and check a lawyer
| Lawyer referral service | The State Bar of Texas Lawyer Referral & Information Service (LRIS) helps you find a lawyer or other resource matched to your legal needs and financial means; staff cannot give legal advice. For Bexar, Dallas, Harris, Jefferson, Travis and Tarrant Counties, use the local certified lawyer referral service listed by the State Bar. For all other counties, call (800) 252-9690 (Monday-Friday, 8:30 a.m.-4:30 p.m. CST; Spanish spoken) or use the online referral. After the referral, you call to make an appointment; the lawyer provides up to a 30-minute consultation for no more than $20. LRIS has no participating attorneys who offer free or reduced-fee help, and fees after the consultation are set between you and the lawyer. |
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| Check that the lawyer is licensed | The State Bar of Texas's online membership directory (Find a Lawyer) provides basic information about attorneys licensed to practice in Texas. The bar notes the information is provided as is, without warranty, and that the directory is not a certified lawyer referral service. |
| Check discipline history or file a complaint | Grievances against Texas lawyers go to the State Bar of Texas Office of Chief Disciplinary Counsel. Complete the current grievance form (effective October 1, 2025) through the bar's online submission system, or mail or fax it to State Bar of Texas, Chief Disciplinary Counsel's Office, P.O. Box 13287, Austin, Texas 78711 (fax 512-427-4315); outdated or incomplete forms are rejected, and supporting documents should be copies. Within 30 days the Chief Disciplinary Counsel classifies the grievance as an Inquiry (dismissed) or a Complaint (investigated, with the attorney asked to respond). A dismissed grievance can be amended and re-filed within 20 days of the dismissal notice, and dismissals can be appealed to the Board of Disciplinary Appeals. Grievance Information Helpline: 1-800-932-1900. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Texans is provided by regional legal aid programs. The Legal Services Corporation (LSC) lists three Texas grantees: Legal Aid of NorthWest Texas, Lone Star Legal Aid, and Texas RioGrande Legal Aid. The State Bar's LRIS page also links a self-service tool for finding free or reduced-fee legal resources by county. |
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All legal help in Texas · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.