Alvin Probate Attorneys
At Robert D. Clements Jr. Law Group, LLLP, we welcome the opportunity to guide individuals and families through probate, leveraging our decades of experience and the know-how of our double Board Certified attorney, Robert D. Clements, Jr. As a client of our firm, you can expect thoughtful advice, personalized legal strategies, and timely interventions to protect your rights. Probate is notoriously complicated and can prove to be time-consuming and expensive. However, with our Alvin probate attorneys' support, you can confidently navigate the process and overcome legal challenges.
Request a free consultation to speak directly with our team and learn how we can assist you with probate. Call (281) 809-0029 or connect with us online. We are proud to serve clients throughout Galveston and Brazoria counties and beyond.
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Double Board-Certified
Robert D. Clements, Jr. is part of the top 2% of attorneys double board-certified in Personal Injury and Civil Trial Law.
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Trial-Ready, Battle-Tested
Our experienced attorneys prepare every case as if it’s going to trial, ensuring we’re ready to fight—and win—when it matters most.
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Personal, Direct Access
At our firm, you're not just a number. You can often speak with an attorney on day one and always reach a real person when you call.
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Client-First Approach
You're not just a number; we truly care about every client, providing personalized support and honest advice at every step.
What Is Probate?
Probate is the legal process of managing a deceased person’s estate, during which a person assigned to be the estate's executor will pay outstanding debts and distribute assets according to the terms of a valid will. If no will exists, Texas state law will govern how the executor must distribute assets.
Not every estate needs to go through probate. Estates that incorporate comprehensive planning tools like trusts may avoid probate entirely.
That said, probate is a necessity in many cases. Specifically, it is required if the deceased owned assets titled in their name alone and without designated beneficiaries. Assets that may be required to go through probate include, but are not limited to, real estate, investment accounts, and bank accounts.
Probating Small & Large Estates
Our Alvin probate lawyers support executors, beneficiaries, and other parties with interests in an estate. No matter its size, we provide crucial counsel and advocacy that can take much of the stress out of probate and help clients avoid legal risks and setbacks.
Small Estates
Texas allows estates valued at $75,000 or below to qualify for a small estate affidavit, a legal tool that streamlines the transfer of property when a deceased person has not left a will or there is no reason for a full probate process. Our team has a wealth of experience helping clients determine whether they qualify for a small estate affidavit, preparing necessary documentation, and adhering to relevant legal requirements.
Large Estates
Estates with values greater than $75,000 must generally go through probate. This process varies significantly and will depend on the assets involved, from business interests and investment portfolios to personal property and real estate.
Our attorneys excel in managing all facets of large estate probates. No matter the case, we work closely with clients to make the process as efficient as possible and to avoid and/or remedy disputes that arise. We know that dealing with probate can be incredibly difficult on top of grieving the loss of a loved one. That is why we strive to offer more than legal services; we aim to deliver compassionate support during trying times.
Partner with Us for Reliable Probate Support
Do you have questions about probate? Are you searching for a representative who can offer you advice during the process and step in to advocate for your rights if need be? Turn to Robert D. Clements Jr. Law Group, LLLP. We deliver the personalized legal services you expect from a boutique firm with the resources and experience of a larger law office. Our team is well-versed in Texas probate and estate law and can skillfully guide you. Whether you are an executor, heir, or beneficiary, our goal will be to help you fulfill your duties and protect your interests during probate.
Request a free in-person or virtual consultation with one of our Alvin probate attorneys today. Call (281) 809-0029 or reach out online. Do you need support in Spanish? We offer bilingual services. Hablamos español.
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Should I make my estate the beneficiary of my life insurance?
Generally speaking, no.
Life insurance passes outside the estate and is handed directly to the beneficiary. Since the lawyer is not involved in the process (or has very limited involvement), you will pay very little or nothing in attorney’s fees on the transition of those funds. If you put them into the estate, then the lawyer will have to take actions on those funds and you will incur those charges.
Sometimes it makes sense to put the funds into the estate. For example, if you have a child under the age of 25 and you want the funds to go into a Testamentary Trust, then making the trust the beneficiary could make sense. As always, confer with a good lawyer before you make the decision to run life insurance proceeds thru your estate.
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My spouse died years ago and I didn’t probate the estate. Is that bad?
It could be.
No one will knock on your door after your spouse or loved one dies and ask you, “When will you be filing for probate?” After a death, some people go into denial about the situation and never follow up with probate. This can create several problems. First, after four (4) years you may not be able to probate the Will or the estate. Second, heirs could die, and the complexity and cost to “clean up” the titles to land and property could skyrocket. Sometimes, an heir will also die, and leave small children as heirs. The latter requires you to open a guardianship for the children in addition to the probate ($$$$$). Finally, you may need to act quickly (e.g. the problem was discovered when the living spouse is trying to sell the house because they are in desperate need of funds) and the probate drags the process out for many months.
Ideally, the process will be started within 60 days of the death. Waiting four or five months to begin is not a problem (unless there are other issues that surface—like not having access to funds solely in the deceased’s name).
We have had cases where the living spouse never got around to probating the estate. Time passed and the heirs died, some with Wills and some without. When the heirs died, their children became the new beneficiaries. By the time the family came to us, the cost of the probate would exceed the value of the land. The more time that passed, the worse the problem got.
The general rule is—beginning sooner is better than later.
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If I don’t have a Will, will the State of Texas get my money?
No, probably not.
It is very rare for property to “escheat” to the State of Texas simply because you had no Will. The person who will end up with a big bunch of the deceased’s money will be the lawyer. His work is a lot more difficult, so his billing goes way up.
What Your Neighbors Are Saying
Legal Excellence With A Personal Touch
At Robert D. Clements Jr. Law Group, LLLP, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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“I can't imagine life without my attorney, Bob Clements! He represents you as if you're his only client. He is an awesome attorney, but even a better person.”Lorene H.
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“Mr. Clements is a caring, punctual, intelligent and realistic professional. He dealt with my situation promptly and protected me from making mistakes. He made it go away before it even began.”Denise L.
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“Bob is absolutely incredible as a human being and his job. 44 years and still at it, the dude loves helping people out. Divorce sucks. Let Bob help.”Chaz J.
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“I am very pleased with his counsel and the way he has handled my cases. I was able to settle both cases in my favor and even got to hear a judge apologize to me, and that's never happened to me before.”John G.
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“I have known Bob Clements for 15 years and he is truly a BRILLIANT man. His knowledge of the law and its practical application in today’s world is an immediate asset to his clients as well as his associates.”Michael P.
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“I have no experience needing a lawyer, so he made me very calm, walking me through the process. He gave me all my options for my situation, dropped the lawyer act, and spoke to me like a person.”Angela D.
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“As a psychotherapist, I have had to go to court for various clients over the years. I have always compared their lawyers to Mr. Clements. Mr Clements wins every time, is the most honest lawyer, and a good man.”Patricia H.
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“Both attorneys were more than helpful. They took the time to speak with me and direct me in the right direction. They seemed to genuinely care about me and my situation.”Jules A.