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Dallas
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Dallas

Dallas Probate

Dallas Probate Attorney

We help Dallas executors and families move an estate through probate court efficiently and with less stress. Whether there is a will, no will, or a dispute over one, we handle the filings, the hearings, and the court deadlines so you don’t have to learn probate procedure while you’re grieving.
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Overview

Probate Attorney Serving Dallas, Texas

Probate is the Dallas County court process that proves a will is valid, appoints someone with legal authority to act for the estate, pays what the estate owes, and transfers what’s left to the people entitled to it. Dallas County handles these cases in three statutory probate courts. Most Texas estates qualify for independent administration, which means the court appoints the executor and then largely steps back — no ongoing supervision, no court approval for routine transactions.

  • There is a will. The will is admitted to probate, an executor qualifies, and the estate is administered — usually independently.
  • There is no will. The court determines the legal heirs under Texas intestacy rules before anything can be distributed.
  • The estate is small or debt-free. A Small Estate Affidavit or a muniment of title can move property without a full administration.
  • Someone is contesting. A will challenge, an heirship fight, or a claim that a fiduciary mishandled the estate — litigated inside the probate court.
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Texas Estates Code §256.003 generally requires a will to be filed for probate within four years of the testator’s death, or it may only be probated as a muniment of title in limited circumstances.

Which track your family lands on decides almost everything else — how long it takes, what it costs, how much the court is involved, and whether the executor is personally exposed if something goes wrong. That determination usually takes one conversation and a look at the will, the asset list, and the debts. It is the single most valuable hour in a probate matter, because choosing a full dependent administration when a muniment of title would have worked can add months and thousands of dollars for no benefit.

Probate is also a deadline-driven process, and most of the deadlines run from a court event rather than from the date of death. Notice to beneficiaries named in a will is due within 60 days of the order admitting the will (§308.002). The sworn affidavit proving that notice was given is due within 90 days of that order (§308.004). The inventory, appraisement, and list of claims is due before the 91st day after the executor qualifies (§309.051). Published notice to unsecured creditors goes out within one month of receiving letters (§308.051), and notice to secured creditors within two months (§308.053). Executors who miss these can face a show-cause order, removal, or personal liability — which is why most Dallas executors are represented.

Key Facts

Facts about Probate in Dallas, TX

  • Dallas County has three statutory probate courts. The probate courts and the County Clerk's Probate Division sit at 1201 Elm Street, 22nd Floor, Suite 2200 (Renaissance Tower), Dallas, TX 75270.
  • Texas allows an "independent administration," which lets an executor manage most estate matters without ongoing court supervision — faster and typically less expensive than dependent administration.
  • Small estates that meet statutory thresholds may qualify for a simplified Small Estate Affidavit procedure instead of full probate administration — available only where the decedent died without a will, 30 days have passed, and estate assets excluding homestead and exempt property do not exceed $75,000.
  • Where all beneficiaries have received the inventory and the estate owes no unpaid debts other than secured debt, taxes, and administration expenses, an executor may file an affidavit in lieu of inventory, keeping the asset list out of the public record.
  • The inventory, appraisement, and list of claims must be filed before the 91st day after the personal representative qualifies.
  • An estate with no unpaid debts other than liens on real estate may skip administration entirely through a muniment of title.
  • An executor must notify beneficiaries named in the will within 60 days of the order admitting the will, and file the affidavit of notice within 90 days.
  • A will can be contested for up to two years after it is admitted to probate — or two years from discovery, where forgery or fraud is alleged.

How It Works

How Our Probate Process Works

Six stages, most of them with a hard deadline attached. The dates below run from a court event, not from the date of death.

Assess the Right Probate Path

Before anything is filed, we review the will, the asset list, and the debts to decide whether the estate needs a full administration, a muniment of title, a Small Estate Affidavit, or an heirship proceeding. Choosing correctly here is what keeps a probate short.

File the Application

We file the application to probate the will (or open an administration) in the appropriate Dallas County probate court. The application is posted by the clerk, and the case cannot be heard until the statutory posting period runs.

Qualify the Executor

We handle the hearing, oath, and letters testamentary that give the executor legal authority to act. Letters are what banks, title companies, and transfer agents actually ask to see.

Notify Beneficiaries and Creditors

We issue notice to the beneficiaries named in the will, publish notice to unsecured creditors, and send notice to secured creditors — then file the proof each of those steps requires.

File the Inventory

We prepare and file the inventory, appraisement, and list of claims — or, where the estate qualifies, an affidavit in lieu that keeps the asset list off the public record.

Administer and Close

We guide the executor through notice to creditors, inventory, asset distribution, and closing the estate. That includes clearing valid claims, transferring real property, and closing accounts.

What We Handle

Probate Matters We Handle in Dallas

If you’re not sure which of these applies, that’s the first thing we work out — usually in the first conversation.

Independent Administration

The default path for most Dallas estates with a valid will — the executor qualifies and the court steps back.

Dependent Administration

Court-supervised administration where the will requires it, beneficiaries disagree, or the estate is insolvent.

Muniment of Title

A single order transferring property under the will, with no executor appointed, where the estate has no unpaid debts beyond real-estate liens.

Determination of Heirship

When there is no will, the court identifies the legal heirs under Texas intestacy law before anything can be distributed.

Small Estate Affidavit

The streamlined route for qualifying intestate estates under $75,000, excluding homestead and exempt property.

Will Contests & Probate Litigation

Challenges based on capacity, undue influence, or forgery — and disputes between heirs, litigated in the same probate court.

Executor & Fiduciary Representation

Representing the executor personally — including defending an accounting or a motion to remove. Incapacity during lifetime → Guardianship

Estates With an Injury or Death Claim

Opening an administration so someone has legal authority to bring or settle a survival or wrongful-death claim. The claim itself → Personal Injury

Planning ahead rather than administering an estate? That work lives on our Dallas estate planning page, and the Estate Planning FAQ covers wills, trusts, and powers of attorney.

Your Legal Team

Attorneys Who Handle Probate in Dallas

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Megone Trewick

Director of Estate Planning, Probate & Guardianship
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Megone Trewick serves as Director of Estate Planning, Probate & Guardianship at the Law Office of Bryan Fagan, PLLC, founded by Bryan Fagan. Her background in finance, property and title matters, estate planning, probate, and guardianship supports the firm's structured approach to helping families plan ahead and address legal issues when circumstances change.
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Megone Trewick

The Dallas office has 7 attorneys, backed by 170+ legal professionals firmwide across Texas — including the criminal defense and personal injury attorneys who handle the charge and claim sides of animal cases. Meet the Dallas team or meet the full legal team.

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Answers, Directly

Probate FAQ

Yes — an interested person generally has two years from the date the will was admitted to probate to file a contest (Texas Estates Code §256.204).
Where the claim is forgery or other fraud, the two years runs from discovery instead. Grounds typically include lack of testamentary capacity, undue influence, improper execution, or the existence of a later will. Contests are litigated in the same probate court handling the administration.
It depends on the path: a muniment of title is the least expensive, an uncontested independent administration is moderate, and a contested or dependent administration is the most expensive.
Every case carries the county filing fee plus the cost of published citation. Beyond that, the cost driver is not the size of the estate but the amount of conflict in it. We set out the fee structure at the consultation, so an executor knows what they are committing the estate to before anything is filed.
In practice, yes. An executor acts on behalf of the estate’s beneficiaries, so the Dallas County probate courts generally require a personal representative to appear through a licensed attorney.
A person can represent their own individual interest, but once you are acting for others — which is exactly what an executor or administrator does — you are representing someone else, and that requires a license. Small Estate Affidavits are the common exception where individuals sometimes proceed without counsel.
Dallas County’s three statutory probate courts and the County Clerk’s Probate Division are at 1201 Elm Street, 22nd Floor, Suite 2200 (Renaissance Tower), Dallas, TX 75270.
The Records Building at 500 Elm Street houses the County Clerk’s main recording office, not the probate courts — a common mix-up. Check the court’s posted status before traveling downtown; Dallas County has had intermittent building closures for repairs.
An independent executor administers the estate with almost no court involvement; a dependent administrator needs court permission for most actions.
Independent administration is available when the will provides for it, or when all distributees agree to it. It is faster and less expensive. Dependent administration is used when the will requires it, the beneficiaries cannot agree, or the estate is insolvent and creditors need the court’s protection.
The court holds a determination of heirship to identify the legal heirs under Texas intestacy law, then appoints an administrator if an administration is necessary.
An attorney ad litem is appointed to represent unknown heirs, and two disinterested witnesses testify to the family history. Texas intestacy divides property differently depending on whether it is community or separate property and whether children are from the current marriage — which is why intestate estates so often surprise surviving spouses.
Yes — generally four years from the date of death, under Texas Estates Code §256.003.
After four years, a court may still admit the will as a muniment of title if the applicant proves they were not “in default” for waiting. If that showing fails, the estate is distributed under Texas intestacy rules as though no will existed — which is frequently not what the will said.
An executor must file an inventory (or affidavit in lieu of inventory) with the court, notify beneficiaries and known creditors, manage estate assets prudently, and distribute property according to the will.
Executors owe a fiduciary duty to the beneficiaries, which means keeping clear records and avoiding self-dealing is essential — mistakes can expose an executor to personal liability.
A straightforward independent administration can often be substantially completed within 6–12 months, while estates with disputes, tax issues, or hard-to-locate heirs can take considerably longer.
The Dallas County probate courts require formal notice periods to creditors and heirs, which sets a practical floor on how quickly even an uncontested estate can close.
No. Assets held in a trust, jointly owned property with survivorship rights, and accounts with a named beneficiary typically pass outside of probate.
Additionally, small qualifying estates may use a Small Estate Affidavit, and some wills can be admitted as a ‘muniment of title’ when there are no unpaid debts other than those secured by real estate, avoiding a full administration.

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Talk to a Dallas Probate Attorney

Talk to a Dallas Probate Attorney Before the Next Deadline

Bring the will, a list of accounts and property, and any letters from creditors. That’s usually enough for us to tell you which probate path the estate qualifies for and what has to be filed first.

Schedule a Consultation
Call (469) 972-8473
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