At first glance, creating a will feels straightforward: a few decisions, a few signatures, and it’s settled. But in reality, they’re legal instruments tied to timing, context, and the complicated business of life and death. So when people ask, what type of lawyer is best for wills, what they’re really asking is: Who do I turn to when I want to get this right?
- Before death: You’ll want an estate planning lawyer to help draft your will, organize your affairs, and reduce the burden on your family down the line.
- After death: You’ll need a probate lawyer to assist with court filings, asset management, and distributing property according to the terms of the will—or by Texas law if there is no will.
While both types of lawyers handle wills, their work occurs at different stages in the estate process. Choosing the right wills attorney based on timing ensures a smoother experience and stronger legal protection.
Estate Planning Lawyers: Writing a Will Before Death
An estate planning lawyer is more than simply someone who “does wills.” They’re the legal architects of your final instructions, your safety nets, and your plan for what happens when you can’t advocate for yourself anymore. Their job is to make sure everything that matters to you, your property, your values, your voice, makes it through to the other side of your absence intact.
In practical terms, yes, they draft wills. But the work goes deeper than that. It’s part legal counseling, part life planning. And if you think this only applies to people with large estates or complicated assets, you’re missing the point. The need for a will isn’t about wealth. It’s about clarity. About control. About not leaving a legal mess for the people you care about most.
A lawyer for writing a will will take the time to understand the full picture of your assets, family dynamics, personal goals, and any concerns that could affect how your wishes are carried out. From there, they’ll draft legally sound documents tailored to your needs. This may include:
- A last will and testament
- Durable power of attorney for financial decisions
- Medical power of attorney and advance healthcare directives
- Living trusts or testamentary trusts for specific beneficiaries
- Guardianship designations for minor children
- Strategies to reduce estate taxes and simplify probate
If your life has changed recently, or you’ve simply decided it’s time to stop putting it off, a conversation with an estate planning attorney is a smart place to start.
Probate Lawyers: Handling a Will After Death
Then there’s the other side. The planning is over. The person is gone. Maybe the will is sitting in a safe, ready to go. Or maybe there is no will at all, and now the family is left trying to piece everything together. The bank won’t release funds. The house is sitting empty. The siblings can’t agree. And someone has to take the lead.
This is where a probate lawyer becomes essential, not for drafting documents, but for helping carry out what’s already in motion. Probate is the legal process that gives the executor the power to act, and without it, even a will with explicit instruction can sit powerless on a desk. What happens next depends on whether a will exists:
- If there is a will
- The executor named in the will files it with the probate court
- The court reviews and validates the will through a hearing
- Letters Testamentary are issued, giving legal authority to act
- Assets are located, debts are paid, and property is distributed as directed by the will
- The executor named in the will files it with the probate court
- If there is no will
- A relative petitions the court to be named administrator
- Texas law determines who inherits and in what shares
- The court may require additional oversight or surety bonds
- The process is often slower and more complicated, especially if family members disagree
- A relative petitions the court to be named administrator
A probate lawyer helps manage the legal obligations while giving you room to navigate everything else, whether that means handling a quiet estate or diffusing long-standing conflicts. In short, if you’re responsible for handling someone’s estate, the paperwork is only part of the job. The real challenge is knowing what to do, when to do it, and how to keep things from going sideways. That’s where having the right legal partner makes all the difference.
Why Choose Emily A. Bohls, PLLC?
At Emily A. Bohls, PLLC, we work on both sides of the estate timeline. We help people plan for the future and help families carry out the past. You may want a simple will, just something clear and clean so your kids aren’t left guessing. Or you may be staring at a mountain of paperwork after a parent’s passing, trying to make sense of what’s next. Either way, we’re here to help.
We don’t offer one-size-fits-all packages. Some clients want us to draft the documents and walk away. Others want a partner to manage the entire probate process, from the courthouse to the closing table. We approach each case based on what the situation calls for, not a fixed formula. And because we practice in Texas exclusively, we know the ins and outs of state probate procedures, local court expectations, and the subtle differences from one county to the next. Whether you’re in Houston, New Braunfels, or somewhere in between, we’ve likely handled a case like yours.
But above all, we lead with clarity. We don’t overcomplicate. We don’t talk in circles. We give you the information, the options, and the support you need to make smart, confident decisions for yourself or for the people you’ve been trusted to represent.
Choosing the Right Wills Attorney
Wills communicate your decisions about legacy, responsibility, and what happens in the space where life and law meet. Whether you’re putting your plans in writing or stepping into the role of executor after a loss, you need more than just a lawyer who handles wills. You need the right one, at the right time. The earlier you speak with a qualified wills attorney, the more options you have, and the fewer problems you’ll face down the line. Legal clarity starts with one conversation, and that conversation starts here.