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.

Probate Statistics in Dallas

Probate volume tends to track two things: how many people live in an area, and how much they own when they die. Dallas County has a large, growing, and aging population, along with a housing market where a home is often the single largest asset a family has to transfer. Both of those factors send a steady number of estates into the county’s probate courts each year. For families trying to understand what a probate attorney in Dallas actually does, the demographic picture explains why the process is so common here and why so much of it centers on real property.

The figures below come from the U.S. Census Bureau and describe Dallas County as a whole. They are worth keeping in mind if you are weighing whether an estate needs court involvement, because age and homeownership are two of the strongest signals that probate will be part of the picture. A probate lawyer in Dallas, TX sees the effect of these numbers in the caseload every week.

• Dallas County’s population reached an estimated 2,661,397 as of July 1, 2025, according to Census Bureau data.
• About 13% of Dallas County residents are 65 or older, the age group whose estates most often reach probate.
• The county’s owner-occupied housing rate is 50.8%, and real property is one of the assets most likely to require a court-supervised transfer.
• The median value of an owner-occupied home in Dallas County is $303,000, the kind of asset that frequently makes probate necessary.
• Dallas County contains roughly 982,737 households, each holding property that eventually passes to someone.

Factors That Affect How Long and Costly Probate Is in Dallas

No two estates move through Dallas probate at the same pace or the same cost. A handful of variables account for most of the difference, and several of them are set long before anyone files an application with the court.

1. Whether the decedent left a valid will. A clear, properly executed valid will usually means a faster independent administration. When there is no will, or when the will is unclear or challenged, the court has more to sort out, and that adds time.
2. The type of administration the estate requires. Independent administration keeps court involvement light and costs lower. Dependent administration requires court approval at each major step, which runs longer and costs more. Which one applies depends on the will and the circumstances of the estate.
3. How the assets are titled. Property held in a living trust, jointly owned property, and accounts with named beneficiaries often pass outside probate entirely. The more that transfers automatically, the less the court has to touch, and the faster things close.
4. Whether real property is involved, and where it sits. Real estate almost always has to be formally transferred, and property in another state can trigger a separate proceeding there. Given how common homeownership is across the county, real property is a factor in a large share of Dallas estates.
5. The size and complexity of the estate. A single bank account is straightforward. A business interest, mineral rights, several properties, or assets that are hard to value each add work, and work adds time.
6. Creditor claims. Once notice goes out, creditors have a window to come forward. An estate with few debts closes faster than one where claims have to be reviewed, negotiated, or contested.
7. Family circumstances. Estranged heirs, a blended family, a minor who inherits and needs a guardian of the estate, or an outright will contest can all slow a case down. Most real delays in Dallas probate trace back to disagreement among people, not to paperwork.

Dallas Probate Lawyer FAQs

How much does probate cost in Dallas?

We handle most probate matters on a flat fee. We set the fee at the beginning and fit it to the specifics of the case, so you know what the process will cost before the work starts. Most attorneys bill probate by the hour, and many will tell you a flat fee is not possible in this area of law. After years of handling these cases in Dallas County and building strong internal systems, we are able to offer honest upfront pricing on the great majority of estates we take on.

Can I use my parent’s power of attorney after they die?

No. A power of attorney ends the moment the person who signed it dies, no matter how broad it was. It has no role in probate. After a death, authority to act for the estate comes from the court, which appoints an executor or an administrator and issues letters that prove that authority. This surprises a lot of families, and it is one of the first things a probate attorney in Dallas, TX will explain when you come in.

Can I keep my own family out of probate later?

Often, yes. Assets with named beneficiaries, jointly titled property, and payable-on-death accounts already pass outside the court process. A properly funded revocable trust can carry that further and move most of an estate to your beneficiaries without probate at all. Whether that makes sense depends on what you own and your goals. Many people who have just finished administering a relative’s estate decide to set up their own plan for exactly this reason.

What are some common misconceptions about Texas probate?

A few come up again and again. People assume a will avoids probate; in fact, a will is the document that goes through probate. People assume Texas probate always takes years, when a clean independent administration in Dallas often wraps up in months. And people assume the state takes the estate if there is no will, when Texas law simply names the heirs instead. We cover more of these in a post on common misconceptions that trip families up.

Do I have to appear in court for a Dallas probate case?

Usually there is a short court hearing to admit the will and appoint the executor or administrator, and in most independent administrations that is the only appearance required. Your Dallas probate lawyer prepares the filings, handles the procedural steps, and walks you through what the hearing involves so it is brief and predictable. Dependent administrations involve the court more often. Much of the work in either situation happens on paper and outside the courtroom.

After probate, should I set up my own estate plan?

It is worth considering. Going through an estate firsthand tends to make the value of planning clear in a way nothing else does. A will, powers of attorney, and in some cases a trust can spare your own family the court process you just worked through, or at least make it far simpler. If you want to understand why estate planning is worth doing before a crisis, that is a conversation we have with probate clients all the time.

Important Resources for Dallas Probate Cases

Dallas County Probate Court and Local Resources

Probate cases in Dallas are handled by the county’s three statutory probate courts, and several county and community offices support families working through an estate. These are common starting points.

• Dallas County Clerk, Probate Courts Division. Phone: (214) 653-7099. This is where probate cases are filed and where the court’s records, including wills held on deposit, are kept.
• Dallas County Clerk, Recording Division. Phone: (214) 653-7099. This office records the deeds and related documents that transfer real property, including transfers that come out of a probate matter.
• The Senior Source. Phone: (214) 823-5700. A long-running Dallas nonprofit offering aging-related support, including guardianship help and an Elder Financial Safety Center for older adults and their families.

The organizations above are listed only as a convenience. Ellen Williamson Law, PC does not endorse any of them, and their inclusion here is not a recommendation of a particular office or service.

About Ellen Williamson Law, PC

Ellen Williamson leads the firm as its president and sole attorney. Before opening the practice, she earned a BBA in finance from Texas A&M University and spent more than seven years at the U.S. Small Business Administration’s disaster loan processing center, guiding overwhelmed applicants through complicated legal and financial procedures. That work, explaining hard processes to people in stressful circumstances, is much of what probate asks of a lawyer, and it shapes how our Dallas probate attorney approaches each family’s case. Outside the office, Ellen is active in leadership within her local Diocese and church.

What Our Clients Say

★★★★★

“I was very pleased having Ellen Williamson Law represent me in bringing closure to issues related to my sisters Will. The comfort level I received beginning with my initial call to discuss the requirements to probate the Will in Dallas County to all my follow up questions her staff assisted me with were handled very professionally and warmly as though I was part of the family. I would highly recommend Ellen Williamson Law with out any reservations.” — Ed White

Read more reviews on our Google Business Profile.

Additional Resources for Dallas Probate Cases

• Why Choosing the Right Bank is Part of Estate Planning
• Wills vs. Trusts: Which One Is Right for Your Estate Plan?
• When Your Stuff or Your People Change, Your Plan Should Too

Contact Ellen Williamson Law, PC

If you are responsible for a loved one’s estate in Dallas and want to know where you stand, we can help you get clear on the path forward. Most probate matters are handled on a flat fee that we set at the start and fit to the case, so the cost is settled before the work begins. A consultation is a chance to walk through what the estate involves, what the court will require, and how long it is likely to take. When you reach out, someone from our office will follow up to find a time that works for you. Contact us to get started.