Dallas Probate Lawyer

Helping Families Through the Process After a Loss

Probate representation grounded in 13 years of work on behalf of families in Dallas and the surrounding area.

You did not ask for this job. Whether you were named executor in a will or you are trying to figure out what happens to a loved one’s estate without one, you are likely dealing with paperwork and legal processes at exactly the moment you least want to be.
The good news: Texas probate moves faster than most people expect when it is handled correctly. Our Dallas, TX probate lawyer has guided families through this process in Dallas County and the surrounding area since 2013, and we can tell you what to expect, what it will cost, and how to get through it.

Probate Lawyer Dallas, TX

What Probate Actually Is

When someone dies, their estate does not automatically transfer to the people who are supposed to receive it. In most cases, there is a legal process that has to happen first.

Probate is how the court validates a will or determines who takes in the absence of one, authorizes someone to act on behalf of the estate, ensures creditors are paid, and transfers what remains to the right people.

Not every asset has to go through probate, some things pass automatically through joint ownership, beneficiary designations, or payable-on-death accounts. Part of what we do early on is help you figure out what actually needs to go through the court process and what does not.

From the Blog: What Happens When Someone Dies Without a Will in Texas?

Types of Probate Cases We Handle in Dallas

Our practice covers a range of probate matters in Dallas County and the surrounding area. Below is an overview of the case types we handle regularly.

• Probate with a will. When a valid will exists, the court admits it, appoints an executor, and the estate is administered according to its terms. We work with executors through the entire process, from the initial court filing through final distribution.
• Probate without a will. When there is no will, Texas intestacy law determines who inherits. A court-appointed administrator handles the estate, and the process follows a different path. We represent people seeking that appointment and guide the administration that follows.
• Independent administration. The most common form of Texas probate. The executor operates with limited court oversight, which keeps the process moving and costs lower.
• Dependent administration. Some estates require court approval at each significant step. This process takes longer and requires more involvement, but some situations call for it, and it is one of the most technically demanding proceedings in Texas probate. The rules are strict and the margin for error is narrow. Ellen Williamson has handled complicated dependent administrations and understands the independent vs. dependent administration distinction in practical terms.
• Muniment of title. Texas allows certain estates to transfer real property without going through full administration. It applies in limited circumstances, but when it fits, it can eliminate a substantial portion of the process.
• Affidavit of heirship. For some real property transfers, an affidavit of heirship can avoid formal probate altogether. We help clients evaluate whether this is appropriate for their situation or whether it creates risks they should know about first.
• Out-of-state property. If the decedent owned real estate in another state, a separate probate proceeding in that state may be required in addition to the Texas process. On the flipside, we often handle the ancillary probate process for non-Texas residents who owned Texas real estate.
• Estate planning. A lot of clients finish the probate process and realize they never want their own family going through the same experience. We handle estate planning as well, and many clients take care of both through our firm.

Why Choose Ellen Williamson Law, PC for Probate in Dallas, TX?

How We Approach These Cases

We have practiced exclusively in probate, estate planning, and guardianship since 2013. That focus matters in probate specifically because there’s a lot you can only learn from experience, for example, Dallas County’s three statutory probate courts each operate a little differently, and other local county probate courts have their preferences and policies. Knowing how those courts work, who staffs them, and what they expect on filings is something that comes from years of consistent practice there, not occasional appearances.

Ellen Williamson earned her J.D. from SMU Dedman School of Law in 2004 and has been practicing in Dallas County since founding Ellen Williamson Law, PC in 2013. She was a member of the inaugural class of the Dallas Probate American Inn of Court and serves on the Probate Council for the Dallas Bar Association Probate, Trusts, & Estates Section. She has been recognized by Super Lawyers since 2024 and is a Fellow of the Texas Bar Foundation.

Over the course of that practice, Ellen has worked on hundreds of probate matters, representing executors and administrators, serving as court-appointed attorney ad litem on estates, and serving as Court-appointed administrator herself. That last part matters: Ellen is not just someone who handles the legal paperwork and tells clients what to do. She has sat in the administrator’s chair. She knows what the job actually feels like, and brings that perspective to every client she represents.

Dependent administration, especially, is not a proceeding where you want someone learning on the job. The rules are strict and highly technical and the court’s involvement is substantial. Experience is not a luxury in these cases, it is a necessity.

The Dallas County probate courts each operate differently. Knowing how those courts work, who staffs them, and what they expect on filings is something that comes from years of experience. Our estate planning lawyer in Dallas, TX practices in Dallas County and surrounding counties and are familiar with the nuances of each court.

Flat Fees

We charge flat fees on most probate matters, set at the beginning and customized to the case. After years of handling these matters in Dallas County, we know what they involve, which is what makes honest upfront pricing possible.

From The Blog: What Does It Mean to “Go Through Probate” in Texas?

Understanding Probate Cases in Dallas

Executor Duties, Creditor Claims, and Asset Distribution

Probate follows a sequence, and getting that sequence right matters. An executor who skips steps, pays the wrong creditor first, or distributes assets prematurely can face personal liability. Understanding the framework before you start is one of the most important things an attorney can help with. Here are a few concepts that come up in nearly every case:

• Executor vs. administrator: An executor is named in the will. An administrator is appointed by the court when no will exists, or when the named executor can’t serve.
• Independent vs. dependent administration: Independent administration limits court involvement to opening and closing the estate. Dependent administration requires court approval at each major step.
• Creditor priority: Before heirs receive anything, valid debts must be paid. Texas law establishes the order in which those claims are addressed, and that order matters when an estate doesn’t have enough to cover everything.
• Community property: Texas is a community property state. That affects how a married decedent’s assets are characterized and who has a legal right to them. The implications for community property in Texas estate planning are significant, particularly in second marriages or blended families.
• Inventory and appraisement: Early in the process, the executor must file a probate inventory that identifies and values the estate’s assets. This becomes the foundation for everything that follows.

Important Aspects of a Probate Case

The facts of each estate case and family needs are going to be different. But certain elements consistently shape how the process goes.

• Whether a valid will exists is the first question, and the answer determines which legal procedures apply.
• How assets are titled matters more than most people expect. Some things pass completely outside of probate through joint ownership, payable-on-death designations, or named beneficiaries.
• Understanding joint accounts and POD designations helps clarify what actually has to go through the court process and what doesn’t.
  • From the Blog: Understanding Multi-Party Accounts
• Family circumstances are a factor too. Estranged heirs, minor children, blended families, and disputed creditor claims can all slow things down or create conflicts that need to be managed carefully.

From the Blog: What’s an Estate Inventory and Why Do I Have to Prepare One?

What to Expect in Probate, Start to Finish

Texas probate moves faster than most states when it’s handled properly. Here’s the general sequence:

• Filing the application: The process starts in Dallas County probate court with the application, the original will if one exists, and required supporting documents.
• Posting and hearing: Texas requires a waiting period before the court holds a hearing to admit the will and appoint the executor or administrator.
• Notice to creditors: Once appointed, the executor must give notice to creditors and allow time for claims to come in.
• Gathering and inventorying assets: The executor locates, values, and takes control of estate property.
• Paying debts, then distributing: Valid debts are addressed before anything goes to heirs or beneficiaries. Texas law establishes the order in which claims are paid, and that order matters when an estate does not have enough to cover everything.
• Closing the estate: In an independent administration, there isn’t generally a need for formal closure, but in a dependent administration, the administrator must file a final accounting and receive Court approval before they can be discharged.

The first 30 days after a death in Texas involve a number of decisions that affect the probate process. Knowing what those are before the court process starts is useful.

Questions People Ask When They Are Starting This Process

Do I need a lawyer for probate in Texas?

If you are serving as executor or administrator, yes, Texas law requires it. But even if you are a beneficiary with no fiduciary role, there is real value in having someone in your corner. Probate happens at one of the hardest moments in a person’s life. Most people are grieving, overwhelmed, and trying to manage a legal process they have never encountered before. Having an attorney means you are not also trying to become an expert in Texas probate procedure while you are mourning. We handle the complexity so you can focus on your family.

How long does probate take in Texas?

A straightforward independent administration of a properly-drafted will in Dallas County typically takes three to six months from filing to closing. More complex estates, disputes among heirs, or creditor issues can extend that timeline.

What if there is no will?

Texas intestacy law determines who inherits. The process is similar but follows different procedures, and who qualifies as an heir is determined by statute rather than the decedent’s wishes.

What is the difference between an executor and an administrator?

Same job, different way of being appointed. An executor is named in the will. An administrator is appointed by the court when no will exists or when the named executor cannot serve.

Does everything have to go through probate?

No. Assets with named beneficiaries, jointly held property, and accounts with payable-on-death designations typically pass outside of probate. One of the first things we do is help you figure out what actually needs court involvement.

What happens if I make a mistake as executor?

Executors and administrators can face personal liability for certain errors, paying the wrong creditor first, distributing assets before debts are settled, or failing to follow required procedures. This is one of the strongest arguments for working with an attorney who knows the process.

What to Bring to Your Probate Consultation

You do not need everything organized before we talk. Having the following on hand makes the first conversation more productive:

The original will, if one exists and you have access to it. A death certificate, or at minimum the date and location of death. A general sense of what the decedent owned and how assets were held. Information about known debts. Contact information for known heirs or beneficiaries.

Texas Legal Resources for Probate Cases

Texas probate is governed by the Texas Estates Code, and Dallas County matters go through the county’s statutory probate courts. A few resources worth knowing about:

• Texas Estates Code: Primary statutory authority governing probate administration in Texas.
• Dallas County Probate Courts: Provides basic procedural information for matters filed in Dallas County.
• Texas State Law Library: Offers self-help probate resources for individuals who want to understand the process before speaking with an attorney.
• Texas Bar Association: Maintains a lawyer referral service for individuals who need broader referrals beyond our practice areas.

What Our Clients Say

“Ellen is not just intelligent and intuitive; she is personal. I knew that it was my interests that were most important to her, and not a court, another client or her next appointment. She is an expert who knows exactly what she’s doing, what things you have to do next, in what order you need to do them, and why and how they will benefit you and advance your progress. I lost my fear of the unknown as she steered me through the steps to a peaceful conclusion.”

– Polly B.

Ready to Take the Next Step?

Reach Out to Ellen Williamson Law, PC to Schedule a Consultation

You do not have to figure this out alone. We will walk you through what is required, what it will cost, and what the process looks like from here.