How to Probate an Estate in Dallas County, Texas: Complete 2025 Guide

If you’ve been named executor of an estate in Dallas County, you’re likely wondering where to start. The probate process can feel overwhelming, especially when you’re also dealing with grief. But Dallas County probate follows a defined sequence of steps, and understanding that sequence makes the path forward much clearer.

Dallas County has three dedicated probate courts that handle thousands of estate cases each year. Whether the estate includes a home in Highland Park, accounts at a local bank, or property scattered across multiple counties, the process begins at the George Allen Courts Building in downtown Dallas.

This guide walks you through the complete Dallas County probate process: what type of probate applies to your situation, how much it costs, how long it takes, and exactly what steps you need to follow. We’ve included Dallas-specific requirements that other guides miss, like the notarization rules and Zoom hearing procedures unique to this county.

Understanding Probate in Dallas County

Probate is the legal process of validating a will, paying the deceased’s debts, and distributing remaining assets to beneficiaries. In Texas, probate is handled by county courts, and Dallas County has one of the busiest probate court systems in the state.

When Is Probate Required?

Not every estate needs to go through probate. You may be able to skip the process entirely if:

All assets were held in joint tenancy with right of survivorship
Bank accounts were designated as “payable on death” (POD) to a living beneficiary
Retirement accounts and life insurance have named beneficiaries
Property was held in a living trust

However, if the deceased owned real estate in their name alone, had bank accounts without beneficiary designations, or left assets that don’t have a clear legal path to heirs, probate is typically required to transfer ownership.

Dallas County Probate Courts

Dallas County operates three statutory probate courts:

Probate Court No. 1: George Allen Courts Building, 600 Commerce Street, 7th Floor Suite 100
Probate Court No. 2: George Allen Courts Building, 600 Commerce Street, 7th Floor Suite 200
Probate Court No. 3: Handles probate matters plus mental health cases

Cases are assigned to courts based on filing date and docket availability. You don’t get to choose which court hears your case.

The Probate Courts Division handles filings and is located at 600 Commerce Street, 7th Floor Suite 400, Dallas, TX 75202. Hours are 8:00 AM to 4:30 PM, Monday through Friday. You can reach them at (214) 653-7099.

Types of Probate Proceedings in Texas

Texas offers several paths through probate, and choosing the right one can save significant time and money. Here’s what each option involves and when it applies.

Independent Administration

Independent administration is the most common and efficient type of probate in Texas. Once the court appoints you as independent executor, you can manage the estate without further court approval for most actions.

When it applies:

The will specifically names you as “independent executor”
The will provides for “independent administration”
All beneficiaries agree to independent administration (even without a will)

Benefits:

Minimal court oversight after initial appointment
Faster resolution (typically 6-12 months)
Lower legal fees due to less court involvement
You can sell property, pay debts, and distribute assets without court permission

Most wills drafted by Texas attorneys include language creating independent administration because of these advantages.

Dependent Administration

Dependent administration requires court approval for nearly every action you take as executor. The court supervises the entire process, which provides protection but adds time and cost.

When it’s required:

The will doesn’t authorize independent administration and beneficiaries don’t consent
No will exists and heirs don’t consent to independent administration
The court determines oversight is necessary due to disputes or complexity

What to expect:

Court approval needed to sell property, pay claims, and make distributions
Required to post a bond (typically equal to estate value)
Annual accountings must be filed with the court
Timeline extends to 12-24 months or longer
Higher attorney fees due to increased court involvement

Muniment of Title

Muniment of title is a uniquely Texas procedure that’s the simplest option when you qualify. It admits the will to probate solely to transfer property ownership, with no ongoing administration required.

Eligibility requirements:

The deceased left a valid will
The estate has no unpaid unsecured debts (debts secured by property, like a mortgage, are acceptable)
The will is filed within four years of death
There’s no need for administration beyond transferring title

Timeline: Muniment of title can be completed in as little as 2-3 weeks, making it significantly faster than traditional administration.

Limitations: You won’t receive Letters Testamentary, which some institutions require to transfer accounts. If you need those letters, you’ll need independent administration instead.

Small Estate Affidavit

For smaller estates without a will, Texas allows transfer of assets through a Small Estate Affidavit without full probate.

Requirements:

The deceased died without a valid will (intestate)
The estate’s total value is $75,000 or less (excluding homestead and exempt property)
Estate assets exceed known debts
At least 30 days have passed since death

Limitations:

Cannot transfer most real estate (only homestead to surviving spouse or minor children)
Requires signatures from all heirs and two disinterested witnesses
All documents must be notarized

Which Type Is Right for Your Situation?

Ask yourself these questions:

Is there a valid will? If yes, check whether it names an independent executor. If no will exists, you’ll likely need dependent administration or a small estate affidavit.
Does the estate have unsecured debts? If no unpaid unsecured debts exist, muniment of title may be the fastest option.
Is the estate under $75,000 (excluding homestead)? If yes and there’s no will, consider a small estate affidavit.
Do all beneficiaries agree on administration? Unanimous consent can convert dependent administration to independent administration, even without a will.
Will you need Letters Testamentary? Some financial institutions require them. If so, you’ll need administration rather than muniment of title.

Step-by-Step: Probating a Will in Dallas County

Here’s the complete process for probating a will through independent administration, the most common path in Dallas County.

Step 1: Gather Required Documents

Before filing anything, collect these documents:

Death Certificate

Order 10-15 certified copies from the Texas Vital Statistics office or the funeral home
Banks, insurance companies, and government agencies will each need their own copy
Cost: approximately $20 per certified copy

Original Will

Dallas County requires the original will, not a copy
If you can’t locate the original, you may still be able to probate a copy, but the process is more complex and requires additional proof

Asset Documentation

Bank and investment account statements
Real estate deeds and mortgage documents
Vehicle titles
Life insurance policies
Retirement account statements

Identification

Your government-issued ID
The deceased’s Social Security number

Step 2: Hire a Probate Attorney

Texas requires attorney representation in most probate cases. According to Dallas County Probate Court, filing without an attorney “constitutes the unauthorized practice of law and will not be allowed by the Court” because you’re representing the estate and beneficiaries, not just yourself.

What to expect from a Dallas probate attorney:

Preparation of all court filings
Representation at the probate hearing
Guidance on executor duties and deadlines
Help with complex issues if they arise

Attorney fee estimates (Dallas area):

Simple estate (flat fee): $2,500 - $5,000
Moderate estate (flat fee): $3,500 - $6,500
Complex estate (hourly): $250 - $500 per hour, plus $100 - $150 per hour for paralegal work

Get fee estimates from multiple attorneys. Many Dallas probate attorneys offer flat fees for straightforward cases, which gives you cost certainty upfront.

Step 3: File the Application for Probate

Your attorney will prepare and file an Application to Probate Will and for Letters Testamentary with the Dallas County Probate Courts Division.

Where to file: George Allen Courts Building 600 Commerce Street, 7th Floor Suite 400 Dallas, TX 75202

Filing fees (2025):

Item	Cost
Filing fee	$360
Citation	$8
Service by posting	$20
Total	$388

For heirship determinations (when there’s no will), add $65 for publication and an additional $8 citation fee, bringing the total to $461.

Dallas County accepts electronic filing through approved e-filing providers. Your attorney will handle the e-filing process.

Step 4: Post Notice and Wait

After filing, the court issues a citation that must be posted at the courthouse. This notice informs creditors and interested parties that probate has begun.

Statutory waiting period: The hearing cannot occur until the Monday following 10 days after posting. In practice, expect 2-3 weeks from filing to hearing.

During this time:

The citation is posted at the Dallas County courthouse
Anyone who wants to contest the will can come forward
You can begin gathering asset information (but can’t access accounts yet)

Step 5: Attend the Probate Hearing

The probate hearing is where the court formally admits the will and appoints you as executor.

Hearing options: All three Dallas County probate courts offer Zoom hearings. When joining via Zoom, rename yourself using this format: “Estate of [DECEDENT]; [CAUSE NO.]”

What happens at the hearing:

Your attorney presents the will and application to the judge
You may be asked questions about the will and your qualifications
The judge verifies the will appears valid and appoints you as executor
For independent administration, you’ll typically be appointed without bond

What to bring (if appearing in person):

Government-issued photo ID
The original will (if not already filed)
Your attorney will have all other documents

Step 6: Obtain Letters Testamentary

After the hearing, the court issues Letters Testamentary. This document proves you have legal authority to act on behalf of the estate.

How to request copies:

Request through your attorney via e-file
Request in person at the Probate Division, 600 Commerce Street, 7th Floor Suite 400
Request by mail with a check payable to Dallas County Clerk

Cost: $2 per certified copy

How many copies: Order at least 10-15 copies. Every financial institution will need one, and you’ll want extras for government agencies and other entities.

Step 7: Notify Creditors and Beneficiaries

As independent executor, you have specific notification duties:

Creditors:

You’re not required to publish notice to creditors, but doing so limits the time they have to file claims
Known creditors should receive direct notice
Unknown creditors have a limited time to file claims (typically four months from the date letters are issued)

Beneficiaries:

Notify all beneficiaries named in the will that probate has begun
Provide them with information about their expected inheritance
Keep them informed of progress throughout the process

Step 8: Inventory and Manage Assets

Within 90 days of receiving Letters Testamentary, you must file an inventory with the court listing all estate assets and their values.

Dallas County inventory requirements:

Include addresses for all financial accounts (local branch or headquarters address)
List all real property with legal descriptions
Provide appraisal values for real estate and significant personal property
Use the format specified in the DFW Probate Courts Guidelines

Asset management responsibilities:

Transfer accounts to estate ownership
Maintain insurance on property
Collect any debts owed to the estate
Keep detailed records of all transactions

Step 9: Pay Debts and Distribute Assets

Once you’ve identified all assets and debts:

Debt payment priority (per Texas law):

Funeral expenses and last illness expenses
Secured debts (to the extent of the security)
Federal taxes
State taxes
Child support arrearages
Unsecured claims

Final distribution:

After all debts are paid and tax returns filed, distribute remaining assets per the will
Document each distribution carefully
Get signed receipts from beneficiaries

Step 10: Close the Estate

For independent administration, formal closing isn’t required, but you should:

Ensure all assets have been distributed
Keep records for at least four years (the statute of limitations for most claims)
File any required final tax returns
Retain proof of distributions in case questions arise later

Dallas County Probate Costs: What to Expect

Understanding the full cost of probate helps you plan appropriately and avoid surprises.

Court Filing Fees

Proceeding Type	Total Court Fees
Probate with Will (Letters Testamentary)	$388
Muniment of Title	$388
Determination of Heirship (no will)	$461
Small Estate Affidavit	$360

Additional court costs:

Letters Testamentary copies: $2 each
Cash bond (if required): $500 deposit
Attorney ad litem deposit (heirship cases): $600

Attorney Fees

Estate Type	Typical Fee Range
Simple estate (flat fee)	$2,500 - $5,000
Moderate estate (flat fee)	$3,500 - $6,500
Complex or contested estate (hourly)	$10,000 - $20,000+

Other Costs to Budget

Appraisals: $300 - $500 for real estate; varies for personal property
Tax preparation: $500 - $2,000 depending on complexity
Certified copies: $20 - $30 per death certificate
Publication fees (if needed): $100 - $300
Bond premiums (dependent administration): 0.5% - 1% of estate value annually

Total Cost Estimates

Simple estate (single property, few accounts, clear will):

Court fees: $400
Attorney fees: $3,500
Other costs: $500
Total: $4,000 - $5,000

Moderate estate (multiple properties, various accounts, some complexity):

Court fees: $500
Attorney fees: $5,500
Other costs: $1,500
Total: $7,000 - $10,000

Complex estate (disputes, multiple jurisdictions, tax issues):

Court fees: $600+
Attorney fees: $15,000+
Other costs: $3,000+
Total: $20,000+

How Long Does Probate Take in Dallas County?

Timeline varies significantly based on probate type and estate complexity.

Timeline by Probate Type

Probate Type	Typical Timeline
Muniment of Title	3-6 weeks
Independent Administration	6-12 months
Dependent Administration	12-24+ months
Small Estate Affidavit	4-8 weeks

Key Milestones

Filing to hearing: 2-3 weeks
Hearing to Letters Testamentary: 1-2 weeks
Creditor claim period: 4 months
Inventory due: 90 days from appointment
Final distribution: After all debts paid and taxes filed

Factors That Extend Timeline

Will contests: Add 6-12 months or more
Missing assets: Time spent searching delays distribution
Real estate sales: Property sale process adds 2-4 months
Tax complications: Estate or inheritance tax issues extend timeline
Disputes among beneficiaries: Can add months to years

How to Avoid Delays

File the application promptly (remember the 4-year deadline)
Provide complete, accurate information in all filings
Respond quickly to any court requests
Keep organized records from the start
Communicate proactively with beneficiaries

Dallas County-Specific Requirements and Tips

Dallas County has several local rules that differ from other Texas counties. Missing these can cause delays.

Notarization Requirements

Important: Dallas County does not accept unsworn declarations in lieu of notarized documents. Every document that requires verification must be properly notarized. This is stricter than some other Texas counties.

Attorney Ad Litem for Heirship

If you’re filing a Determination of Heirship (when there’s no will), Dallas County requires appointment of an attorney ad litem in every case. While the Texas Estates Code makes this discretionary, Dallas County requires it without exception.

Budget an additional $600 deposit for the ad litem fee when planning for heirship proceedings.

Zoom Hearing Procedures

All three Dallas County probate courts offer Zoom hearings. When joining:

Log in early (cases are called by check-in order)
Rename yourself: “Estate of [DECEDENT]; [CAUSE NO.]”
Ensure stable internet connection
Have ID ready to display on camera if requested
Find a quiet, professional setting

Court Zoom links are available on each court’s page at the Dallas County Probate Courts website.

Inventory Formatting

When filing the inventory, Dallas County requires:

Addresses for all financial accounts (local branch or headquarters)
Detailed property descriptions
Appraisal documentation for real estate
Format per DFW Probate Courts Guidelines

Your attorney should be familiar with these requirements, but verify they’re addressed in your filings.

Probate Without a Will in Dallas County

When someone dies without a will (intestate), the process becomes more complex.

Texas Intestate Succession

Texas law determines who inherits when there’s no will:

Community property (property acquired during marriage):

All goes to surviving spouse if all children are also children of the surviving spouse
Otherwise, surviving spouse keeps their half; deceased’s half goes to children

Separate property:

Real estate: Surviving spouse gets life estate in 1/3; children get the rest
Personal property: Surviving spouse gets 1/3; children get 2/3

If no surviving spouse: Children inherit equally. If no children, parents and siblings inherit according to statutory rules.

Determination of Heirship Process

Without a will, you must prove who the legal heirs are through a Determination of Heirship proceeding.

Additional requirements:

File Application for Determination of Heirship (filing fee: $461)
Court appoints an attorney ad litem ($600 deposit required)
Publish notice in a Dallas County newspaper
Prove family history and relationships at hearing

Timeline: Add 2-4 months beyond standard probate timeline.

Out-of-State Executors: Managing Dallas Probate Remotely

Many Dallas estates have executors who live elsewhere in Texas or out of state entirely. Texas law allows non-resident executors, with some additional requirements.

Can You Serve as Executor From Another State?

Yes. Texas does not require executors to be state residents. However, you must:

Appoint a resident agent for service of process in Texas
Be available for court hearings (Zoom makes this easier)
Work with a Dallas-based probate attorney

Working With Dallas Attorneys Remotely

Most communication with your attorney can happen by phone, email, and video conference. Key documents can be signed remotely using:

Mobile notary services in your location
Remote online notarization (RON), which Texas permits

Your attorney will file documents electronically with Dallas County courts.

Tools for Remote Estate Management

Managing a Dallas estate from a distance requires organization. Consider:

Digital document storage for all estate records
Task tracking for deadlines (90-day inventory, creditor notice period)
Communication tools to keep beneficiaries informed
Calendar reminders for court dates and filing deadlines

Entrusted’s platform generates Texas-specific task lists, tracks deadlines, and provides a beneficiary portal so family members can see progress without constant phone calls.

Common Mistakes to Avoid

First-time executors often make preventable errors. Here are the most common:

Missing Deadlines

4-year filing deadline: A will cannot be probated (without additional expense) more than four years after death
90-day inventory: Must be filed within 90 days of receiving Letters Testamentary
Creditor notice period: Don’t distribute assets until creditor period expires

Distributing Assets Too Early

Wait until:

Creditor claim period expires (typically 4 months)
All debts are identified and paid
Tax returns are filed or tax liability is determined
All assets are properly inventoried

Not Notifying Creditors Properly

Known creditors should receive direct notice. Failing to notify them can expose you to personal liability as executor.

Underestimating Costs

Budget for:

Attorney fees beyond the flat fee quote (for complications)
Multiple certified copies of documents
Professional appraisals
Tax preparation

Mixing Estate and Personal Funds

Open a dedicated estate bank account. Never deposit estate funds into your personal account, even temporarily.

Resources for Dallas County Executors

Dallas County Probate Court Resources

Dallas County Probate Courts website
Probate Court FAQs
Court forms and checklists
Online case lookup: courtsportal.dallascounty.org

Legal Aid Organizations

If you cannot afford an attorney, these organizations may help:

Legal Aid of NorthWest Texas: (888) 529-5277
Dallas Volunteer Attorney Program: (214) 748-1234
SMU Civil Clinic (law school program)

Texas Legal Resources

Get Organized and Move Forward

Dallas County probate follows a defined process. The steps are clear: gather documents, work with an attorney to file the application, attend the hearing, obtain your letters, inventory assets, pay debts, and distribute what remains. Most estates settle within 6-12 months.

The key to a smooth probate is organization. Track deadlines, keep documents accessible, communicate with beneficiaries, and don’t hesitate to ask your attorney questions when they arise.

Key takeaways:

Dallas County has three probate courts at 600 Commerce Street
Filing fees start at $388; total costs typically range from $4,000 to $10,000+
Independent administration takes 6-12 months; muniment of title can complete in weeks
Dallas County requires notarized documents (no unsworn declarations)
Out-of-state executors can serve with proper planning

If you’re managing a Dallas County estate and want help staying organized, Entrusted generates Texas-specific task lists, tracks your deadlines, and provides a portal so beneficiaries can see progress. See your personalized Dallas County probate roadmap and start settling the estate with confidence.

Get started with Entrusted and see your personalized probate roadmap in minutes.