Smith County

Estate Planning & Probate Attorney Serving Smith County, TX

FC Law, PLLC serves families, property owners, and business owners throughout Smith County from our Tyler office. Smith County covers approximately 950 square miles and had an estimated population of more than 252,000 in 2025, with Tyler as the county seat and largest city, and communities including Whitehouse, Lindale, and Bullard throughout the county.

Estate Planning Throughout Smith County

Services include:

  • Wills and trusts
  • Powers of attorney and living wills
  • Guardianship designations
  • Medicare and Medicaid planning
  • Asset protection strategies
  • Real estate and business succession planning

Why Smith County families plan ahead:

  • Name guardians for minor children rather than leaving that decision to a court
  • Reduce or avoid the time and cost of probate for assets placed into a trust
  • Provide clear authority for financial and medical decisions if you become incapacitated
  • Address long-term care and Medicaid planning before a health crisis forces a decision
  • Protect a family business or real estate holdings from unnecessary disruption

Michael Franks holds active Texas licenses as an Attorney, Architect, and Real Estate Broker, allowing us to consider both the legal and practical aspects of property ownership when developing a plan for homes along Loop 323, rural acreage, or family land anywhere in the county.

Probate Throughout Smith County

Uncontested probate and guardianship hearings are held at the Smith County Courthouse Annex at 200 E. Ferguson Street in Tyler.

Services include:

  • Probate of wills
  • Letters testamentary and letters of administration
  • Intestate succession
  • Beneficiary and heir disputes
  • Will contests and contested probate matters
  • Inherited real estate and property issues

Types of probate and estate administration available in Texas:

  • Independent administration. The most common form, allowing the executor to act with limited court oversight once appointed.
  • Dependent administration. Used when there is disagreement among heirs or no suitable independent executor, requiring closer court supervision.
  • Muniment of title. A streamlined process for estates with no debts other than those secured by real property.
  • Small estate affidavit. Available for certain smaller estates that meet specific statutory thresholds.
  • Determination of heirship. Used to formally establish legal heirs when someone dies without a will, particularly important when real property is involved.

Frequently Asked Questions

Do you serve clients throughout Smith County, not just Tyler?

Yes. FC Law, PLLC works with clients throughout Smith County, including Whitehouse, Lindale, Bullard, and surrounding communities, largely through a remote-friendly process.

What is the difference between a will and a trust?

A will directs how your property is distributed after death and must go through probate to be enforced. A revocable living trust can hold assets during your lifetime and typically allows those assets to pass to beneficiaries without probate.

How long does probate take in Smith County?

Straightforward, uncontested estates handled through independent administration often resolve in a matter of months. Contested matters, or estates with complicated assets or unclear title, typically take longer.

What if my family member died without a will?

Their estate passes according to Texas intestate succession laws, and a determination of heirship may be required, particularly if real property is part of the estate. Learn more about intestate succession.

Communities We Serve

Call (903) 226-7232 or schedule a free consultation online. Se habla espaƱol.

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Built Around Clarity and Efficiency

  • Business-Minded Insight
    Led by an entrepreneur, architect, and real estate broker, the firm brings a broader perspective to estate and succession planning. This helps address property, business interests, and legacy planning more thoughtfully.
  • Competitive, Transparent Pricing
    Clients receive straightforward pricing and a 15-minute free consultation to understand their options. The goal is to make planning accessible without unnecessary complexity.
  • Practical Planning Approach
    Legal strategies are designed with real-life assets, families, and long-term goals in mind. The focus is on clarity, structure, and plans that actually work.
  • Direct Attorney Access
    Work one-on-one with the attorney handling your matter from start to finish. You won’t be passed between staff or departments.

Contact Us Today

At FC Law, PLLC, we're always ready to take your calls! Give us a call or fill out the form below to contact one of our team members.

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FC Law, PLLC FC Law, PLLC
Call Us Today! 903-226-7232
Principal Attorney | Michael D. Franks
  • Primary Location: 777 S. Broadway Avenue, Suite 206
    Tyler, TX 75701
    Map & Directions