Probate & Estate Planning
The Ornelas Firm is an estate planning and probate law firm based in El Paso, serving families and business owners across West Texas and Southern New Mexico. We help clients design and implement customized plans using wills, revocable and irrevocable trusts, durable financial powers of attorney, medical powers of attorney, and advance directives that reflect their goals under Texas and New Mexico law. When a loved one dies, we guide executors and heirs through probate of Texas, New Mexico, foreign, and out-of-state wills; heirship and intestate (no-will) proceedings; small-estate options; and ancillary probate for multi-state or international estates. From clearing title to real estate to coordinating with out-of-state counsel, our estate planning and probate attorneys focus on practical solutions that protect assets, minimize conflict, and give your family clarity and peace of mind.
- Wills, Trusts, and Powers of Attorney
- Probate of Texas and New Mexico Wills
- Foreign and Out-of-State Wills
- Heirship and Intestate Proceedings (No Will)
- Ancillary Proceedings & Multi-State Estates
Wills, Trusts, and Powers of Attorney – Your Way
Estate planning is not just about documents—it’s about making sure the right people can make the right decisions at the right time. We work closely with each client to understand family dynamics, asset structure, and long-term goals, then design a plan that reflects those priorities under Texas and New Mexico law.
Wills
A well-drafted will does more than say “who gets what.” It can:
- Name an executor to manage your estate
- Appoint guardians for minor children
- Coordinate with beneficiary designations and business interests
- Reduce the risk of future disputes among family members
- We take the time to walk you through options and plain-language explanations so you understand exactly what your will does—and does not—accomplish.
Revocable and Irrevocable Trusts
Trusts can be powerful tools for privacy, incapacity planning, and long-term management of family assets.
Revocable Living Trusts can help streamline management of assets during your lifetime and may simplify transfers at death, especially when you own property in more than one state or country.
Irrevocable Trusts can be used in more advanced planning to address asset-protection, gifting, or tax-focused strategies where appropriate.
We explain when a trust adds real value—and when a simpler plan may meet your goals just as well.
Powers of Attorney (Durable and Medical)
Planning for incapacity is just as important as planning for death. We prepare:
- Durable Financial Powers of Attorney so a trusted person can handle banking, bills, and legal matters if you become unable to act.
- Medical Powers of Attorney so someone you choose can make health-care decisions on your behalf.
We discuss who should serve, how much authority they should have, and how to avoid common pitfalls that can create confusion for your family.
Advance Directives and Related Healthcare Documents
Advance directives allow you to express your wishes about life-sustaining treatment and end-of-life care before a medical crisis arises. We also prepare related documents such as:
- Living wills / advance directives
- HIPAA authorizations to allow access to medical information
- Instructions for organ donation and other personal preferences
Our goal in every case is the same: to create a coordinated, understandable plan that reflects your values, provides clear guidance to your loved ones, and gives you peace of mind.
Probate of Texas and New Mexico Wills
When a loved one passes away owning property in Texas or New Mexico, the will typically must be admitted to probate before assets can be transferred. We assist executors and families with:
- Filing the application to probate a will in the correct court
- Independent or dependent administration, where appropriate
- Muniment-of-title and other simplified procedures when available under Texas law
- Notifying heirs, beneficiaries, and creditors
- Collecting, managing, and distributing estate assets
In Texas, a will generally must be probated within four years of the date of death, with limited exceptions. We help you understand your deadlines and choose the procedure that best fits the size and complexity of the estate.
Foreign and Out-of-State Wills
Did your loved one sign a will outside of Texas, New Mexico, or even outside the United States, but leave property here? Under certain circumstances, foreign or out-of-state wills can be recognized and enforced in Texas or New Mexico courts. We help families determine whether a foreign will can be admitted and what additional proof may be required.
Heirship and Intestate Proceedings (No Will)
If a loved one died without a will or the will is no longer enforceable (for example, more than four years have passed and no probate was opened), you may still be able to clear title to property and transfer assets.
We assist clients with:
- Determinations of Heirship – Court proceedings to establish who the legal heirs are under Texas or New Mexico law.
- Intestate Succession – Applying the default rules that determine who inherits when there is no valid will.
- Small-estate or simplified procedures when available, depending on the size and type of assets involved.
These proceedings can be critical to selling or refinancing real estate, accessing bank accounts, or resolving disputes among family members. We work to streamline the process and reduce the stress on grieving families.
Ancillary Proceedings & Multi-State Estates
Modern families and business owners often own property in more than one state—or in both the United States and another country. When a primary probate has already been opened elsewhere, ancillary probate or a related proceeding may be needed in Texas or New Mexico to transfer local assets.
We help executors, administrators, and out-of-state counsel with:
- Ancillary probate for non-resident decedents who owned property in Texas or New Mexico
- Recognizing and enforcing out-of-state or foreign probate orders when permitted
- Coordinating with other attorneys and courts so that the estate is administered efficiently across borders
