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Texas probate law requires that all estate assets are gathered and that the deceased person's remaining debts get paid out of those assets. Only after all debts have been paid can the estate's assets be distributed ing to a will or, if there is no will, ing to Texas intestate succession laws.
Prior to the argument each side has submitted a legal brief?a written legal argument outlining each party's points of law.
Generally, only an attorney licensed in the State of Texas may represent a third person or entity in a judicial proceeding in the State of Texas.
A question we see pop up time and time again is, Can you probate a will in Texas without an attorney? The simple answer is yes, but with some reservations. Robbins Estate Law has created this guide to give you some basic information on how to probate a will without a lawyer.
Since under Texas law, only a licensed attorney can represent the interests of others, preparing and filing pleadings in a probate matter without the assistance of counsel would, ing to caselaw, constitute the unauthorized practice of law.
Thus, anyone can appear pro se, and anyone who appears before the Court without an attorney is considered pro se. There are, however, certain limitations to self-representation, such as: Corporations and partnerships must be represented by an attorney.