Your probate case started months ago—maybe even a year ago—and you haven’t heard from your attorney in what feels like forever. You’re wondering whether your case is moving forward at all, and whether you need to find someone new to handle it.
Probate moves slowly by design. Long quiet periods are actually normal. Texas probate law builds in waiting periods that can’t be shortened no matter how eager everyone is to move forward.
For example, an heirship proceeding has to be on file for at least 45 days before the court can even consider it. After that waiting period, you still need to get on the court’s calendar, which might take several more weeks or months depending on how busy the court is.
The inventory and appraisement typically isn’t due until 90 days after an executor qualifies. Creditor claims have specific timeframes. Distributions cannot be paid until after creditor notices, etc. have been made.
Even simple, uncontested probates often take six months to a year. More complex estates with property sales, business interests, or family disagreements regularly stretch beyond two years.
This built-in slowness makes it difficult to know whether your attorney is diligently working through required waiting periods or has simply dropped the ball on your case.
Here’s what often happens: your attorney handles mostly other types of law—real estate, business law, general practice—and takes probate cases occasionally. When they hit an unfamiliar probate issue, they need to research it. When probate-specific deadlines arise, they might not recognize them immediately. When the court puts the case off to help it move its own docket, your attorney does not even recognize this as they are learning the process for the first time on your case.
This learning curve causes delays beyond the normal probate timeline. An attorney who regularly handles probate matters knows exactly what the court expects in most cases, which forms to file when, and how to anticipate and avoid common holdups. They’ve probably seen your situation before—probably dozens of times—and know how to keep things moving even during the mandatory waiting periods.
Attorneys who focus on probate also have systems specifically designed for these cases. They track deadlines automatically. Their staff knows probate procedures inside and out. They maintain relationships with the probate courts and understand each court’s preferences and scheduling patterns. All of this translates to steady forward progress instead of stops and starts.
While probate is slow, complete radio silence from your attorney isn’t normal or acceptable. You should receive updates when documents are filed, when the court sets hearings, or when important deadlines approach. Even during quiet waiting periods, your attorney should respond to your calls and emails.
Red flags that suggest a real problem include: your attorney doesn’t return multiple calls or emails over several weeks; you learn about court hearings after they happened; other beneficiaries tell you they’ve been trying to reach the attorney too; or the attorney’s office seems disorganized, with staff unable to tell you basic information about your case status.
Staying with an unresponsive attorney creates problems beyond simple delay. Beneficiaries lose patience and sometimes hire their own attorneys, turning a simple probate into an expensive fight. Estate assets sit unmanaged—property taxes accumulate, insurance lapses, maintenance gets deferred, and investment accounts remain frozen.
Some deadlines can’t be extended. Tax elections have strict timeframes. Creditor claims must be handled properly. If someone challenges the will, response deadlines matter. An attorney who isn’t focused on probate might miss these deadlines while you assume everything’s fine.
The emotional toll matters too. Beneficiaries blame you for delays you can’t control. Family relationships strain. The grieving process gets interrupted by ongoing legal uncertainty. What should be a methodical legal process becomes a source of constant stress.
You can change attorneys at any point in the probate process. When you switch to an attorney who handles probate cases daily, they can quickly assess exactly where your case stands and what needs to happen next. They’ve taken over stalled cases before and know how to get them back on track efficiently.
Your new attorney will need to review everything that’s been done so far. A probate-focused firm can typically complete this review quickly because they know exactly what to look for. They can spot missed opportunities, identify any problems created by delays, and develop a plan to move forward immediately.
Getting your file from your current attorney might take some persistence. Send a written request for your complete file. Experienced probate attorneys know how to retrieve files from unresponsive attorneys—they’ve done it before and can handle this process for you.
As probate attorneys in Houston, our role is to assist surviving loved ones during these difficult times. We guide them through the intricate probate process, helping them address legal matters, settle estates, and ensure that the final wishes of the deceased are carried out with care and precision. We aim to alleviate the burden on those left behind by offering expertise, compassion, and practical solutions during a time of profound loss.
To gain a deeper understanding of the probate process in Texas, our Texas Probate Guide serves as a comprehensive resource for doing so.
Local Expertise: With a focus on probate and assisting clients in Houston, we understand local peculiarities and leverage our established network to expedite the probate process.
Deep Probate Experience: Our attorneys bring years of dedicated experience in navigating Harris County’s probate system.
Client-Centered Approach: We recognize the emotional stress often associated with probate administration. Our objective is to alleviate this stress by providing you with top-notch legal support.
Contact us today to arrange a FREE consultation and make the probate process simpler for you.
Our Houston Probate Attorneys provide a full range of probate services to our clients, including helping with probate administrations. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters.
Disclaimer: The content of this website is for informational purposes only and should not be construed as legal advice and should not be acted upon without consulting a qualified probate attorney.
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