Estate settlement representation grounded in 12 years of work on behalf of clients in Cypress, TX and the surrounding area.
If you are responsible for settling a loved one’s estate in Cypress, you may be dealing with court filings, creditor notices, tax returns, and property transfers, all under deadlines imposed by Texas law. A Cypress, TX estate settlement lawyer at Stuart Green Law, PLLC can walk you through each obligation so that nothing falls through the cracks. Our firm brings 12 years of focused experience in trusts, estates, and tax planning to every matter we handle. We encourage you to reach out for a consultation to discuss the specifics of your case.
Estate Settlement Lawyer Cypress, TX
Estate settlement is the legal and financial process of closing out a deceased person’s affairs. It involves identifying what the decedent owned, determining what they owed, filing the appropriate tax returns, and distributing the remaining assets to beneficiaries or heirs.
In Texas, this process often requires going through probate in Texas courts, unless the decedent used trust-based planning or other transfer mechanisms during their lifetime. Some estates resolve in a matter of months. Others, particularly those with business interests, multiple properties, or disputes among family members, take considerably longer. An estate settlement attorney in Cypress, TX can help you understand what is involved and how to move forward.
Types of Estate Settlement Cases We Handle in Cypress
Stuart Green Law, PLLC represents individuals and families in a wide range of estate settlement matters throughout Cypress and the greater Houston area. Below are some of the most common situations we handle.
- Probate administration. When someone dies with a valid will, the estate typically goes through probate. We handle the application, court hearings, and all administrative steps required to settle the estate from start to finish.
- Fiduciary services. Executors and administrators owe legal duties to the estate’s beneficiaries. We advise fiduciaries on their obligations, help them avoid personal liability, and guide them through the decisions that come with managing estate assets.
- Intestate estates. When someone passes away without a will, Texas intestacy laws control who inherits. These cases require additional court proceedings, including heirship determinations that may involve witness testimony and genealogical research.
- Trust settlement. If the decedent created a revocable living trust, the successor trustee must still settle the trust estate by notifying beneficiaries, managing assets during the transition, and making distributions according to the trust terms.
- Estate tax filings. Estates that exceed the federal exemption threshold must file IRS Form 706. Even estates below the threshold may benefit from filing to elect portability of the unused exemption for a surviving spouse.
- Creditor claims. Texas law provides a formal process for notifying creditors and resolving claims against an estate. Some claims are legitimate. Others are not. We review each one and advise the personal representative on how to respond.
- Estate accounting. Personal representatives must keep detailed records of every transaction involving estate assets. Proper estate accounting protects the executor from disputes and potential surcharge actions brought by beneficiaries.
- Disputed estates. Disagreements about a will’s validity, the executor’s conduct, or asset distribution can stall the process for months. We represent executors, administrators, and beneficiaries in estate administration disputes and work toward resolution.
Why Choose Stuart Green Law, PLLC for Estate Settlement Cases in Cypress, TX?
Focused Trusts and Estates Practice
Stuart A. Green is the Founding and Managing Attorney of Stuart Green Law, PLLC, a boutique trusts and estates firm based in Houston, Texas. He has spent 12 years practicing in estate and trust planning, tax planning, asset protection, and business succession. Before founding the firm, he worked at Ernst & Young handling international, federal, state, and local tax matters for Fortune 100 companies and international clients. Prior to that, he began his career at a boutique estate planning practice.
Stuart earned his J.D. from the University of Dayton School of Law and holds bar admissions in Texas, Pennsylvania, Kentucky, and South Dakota. That multi-state background matters in estate settlement cases involving assets or beneficiaries across different jurisdictions.
Built for High-Net-Worth and Complex Estates
Stuart Green Law, PLLC serves high-net-worth individuals, families, and entrepreneurs. Estate settlement at this level often involves layered ownership structures, multiple trust vehicles, and tax elections with long-term financial consequences. The firm coordinates with CPAs and financial advisors to address each of these components. This is not a side practice within a general law firm. It is the firm’s focus.
What Is Important to Understand About Estate Settlement Cases?
Key Steps in the Estate Settlement Process
The estate settlement process follows a general sequence, though every estate has its own specifics. The core obligations for a personal representative typically include:
- Locating and filing the original will with the appropriate Texas probate court
- Petitioning the court for appointment as executor or administrator
- Obtaining letters testamentary or letters of administration, which authorize the representative to act on behalf of the estate
- Identifying, securing, and valuing all estate assets, from financial accounts to real property
- Notifying known creditors and publishing notice to unknown creditors as required under Texas law
- Filing final income tax returns for the decedent, and if applicable, an estate tax return with the IRS
- Distributing remaining assets to beneficiaries after all debts, taxes, and administrative costs have been paid
What Are Important Aspects of an Estate Settlement Case?
Several issues can shape the timeline and outcome of estate settlement in Texas. Understanding them early helps the personal representative avoid problems down the road.
The executor’s authority is not unlimited. Texas courts may require an executor to post a bond in administration unless the will specifically waives that requirement. An executor who mismanages estate funds or fails to account for transactions can face removal proceedings and personal liability. Debts owed at death do not simply go away. They must be addressed through the statutory claims process before any distributions are made to beneficiaries.
Tax obligations are another major consideration. The personal representative must file the decedent’s final individual income tax return and, if the estate generates income during administration, a separate estate income tax return. The firm works with executors to identify these filing requirements and coordinate with tax professionals so that nothing is missed.
Choosing an executor carefully during the planning stage reduces the risk of conflicts later, but it does not eliminate that risk entirely. Beneficiary disputes about what a will means, whether it was properly executed, or whether the executor acted in good faith can stretch the settlement process well beyond the typical timeline.
What Is the Estate Settlement Case Timeline?
There is no single answer to how long estate settlement takes in Texas. A straightforward estate with a valid will, cooperative beneficiaries, and minimal debt can wrap up in six months or so. Contested estates or those involving business interests regularly stretch past a year.
That said, certain milestones tend to follow a general sequence:
- Filing the will and petitioning for probate usually happens within 2 to 4 weeks of the first meeting with an estate settlement attorney. The court hearing itself is typically set 2 to 6 weeks after that.
- Once the court issues letters testamentary, the executor has legal authority to act. This is when the work of collecting assets, opening an estate bank account, and notifying creditors begins in earnest.
- If a federal estate tax return is required, the IRS deadline is 9 months from the date of death. A 6-month extension is available, but the executor should still estimate and pay any tax owed by the original due date.
- Distributions to beneficiaries come last. The executor cannot distribute assets until debts, taxes, and administrative costs have all been addressed. For a moderately complex estate, that final step may not happen for 8 to 14 months.
What Should You Bring to Your Estate Settlement Consultation?
The more information you can bring to your first meeting, the faster we can identify what needs to happen and in what order. We don’t expect you to have everything organized perfectly. But having the following on hand makes a real difference:
- The original will and any trust documents the decedent created
- Multiple certified copies of the death certificate (banks, brokerages, and government agencies will each require their own copy)
- A rough inventory of what the decedent owned: bank accounts, investment accounts, real property, vehicles, and any personal property worth more than a few thousand dollars
- Documentation for outstanding debts, including mortgages, car loans, and credit card balances
- Life insurance policies and any beneficiary designation forms you can locate
You do not need to have every document accounted for before scheduling a consultation. We will review what you have, identify gaps, and put together a plan for moving forward.
What Are Important Texas Legal Resources for Estate Settlement Cases?
Texas residents and personal representatives can find laws governing the estate settlement process through several public resources. These are useful starting points for understanding the legal framework rather than substitutes for legal advice.
- The IRS estate tax page explains federal filing requirements, exemption thresholds, and related guidance for estate representatives
- The Texas State Law Library publishes a probate research guide that covers the Texas Estates Code and court procedures
- The Texas courts website describes probate court structure, including the statutory probate courts that serve Harris County and the greater Cypress area
- USA.gov provides a federal checklist for reporting a death and understanding government obligations that follow
Reach Out to Stuart Green Law, PLLC to Schedule a Consultation
If you are serving as executor or administrator of an estate in Cypress, TX, Stuart Green Law, PLLC is prepared to help. We handle every phase of the estate settlement process, from the initial probate filing through final distributions. Contact us to schedule a consultation with an estate settlement attorney who can review your situation and explain the steps ahead.