Dallas-Fort Worth Probate Lawyers

Comprehensive Probate Support for Executors & Beneficiaries

Have you been named the executor of a will? If so, the assistance of a qualified estate planning attorney will allow you to carry out your duties in a simplified and streamlined manner. Turn to Crain & Wooley to work with our probate attorneys in Dallas-Fort Worth to ensure probate is seen through properly and efficiently.

For an initial consultation, please call (972) 945-1610 or use our convenient online scheduler to select an appointment time with a probate lawyer in Dallas-Fort Worth. 

What To Do in the First Few Days After a Parent or Loved One Dies

The first calls are not legal ones. If a death happens at home and is unexpected, call 911. If it follows an illness under hospice or ongoing medical care, call the hospice nurse or treating physician first, they can pronounce death without an ambulance being dispatched. Once that's handled, contact the funeral home the family plans to use. They coordinate with the county medical examiner or the physician on the death certificate.

Locate the original will if one exists. A copy is not sufficient to open probate in Texas, the original is required except in limited circumstances. Do not access the deceased's bank accounts, debit cards, or credit cards during this period, even to cover funeral costs. Most banks freeze an account once they receive notice of death, and using the card beforehand can complicate the accounting an executor is later required to file with the court. Pay funeral costs personally or through a joint account you already hold, and seek reimbursement from the estate once an executor is appointed.

An executor named in a will has no legal authority to act, sign, or access accounts until the probate court issues Letters Testamentary. Reaching out to a probate attorney in the first one to two weeks, rather than after creditors or family disagreements surface, is what keeps a straightforward estate straightforward.

How Probate Works in Texas

Probate is the court process that recognizes a person's death, validates their will if one exists, and authorizes the transfer of their assets to beneficiaries. Not every probate involves a dispute. Most conclude without any disagreement among family members, but the process still has to run through the court in the county where the decedent lived.

Probate generally follows eight steps:

1. Filing an application for probate in the county where the decedent lived
2. Posting notice of probate at the courthouse
3. Validating the will before a judge, or, if there is no will, establishing heirship
4. Completing an inventory of all estate assets
5. Identifying beneficiaries of the estate
6. Notifying the decedent's creditors
7. Resolving any disputes among beneficiaries or creditors
8. Distributing the assets

A will generally must be submitted for probate within four years of death under Texas Estates Code Section 256.003, after which it can typically only be probated as a muniment of title, and only in limited circumstances. Once the court admits the will and the executor takes their oath, the court issues Letters Testamentary under Estates Code Section 306.001, which is the document that actually gives the executor legal authority to act.

Types of Probate Administration in Texas

There are two basic types of will administration in Texas: dependent administration and independent administration.

If a will contains language authorizing independent administration, along with meeting other requirements, the executor can administer the estate with minimal court supervision under Estates Code Chapter 401, filing an inventory and then largely managing the estate without returning to court for each transaction. If a will does not authorize independent administration, or there is no will, Texas law requires the probate court to supervise and approve most steps of the process, which takes longer and costs more.

Simplified and Alternative Probate Options

Not every estate requires the full probate process described above. Texas law provides two narrower paths.

Muniment of Title

A Muniment of Title, available under Estates Code Chapter 257, allows a valid will to be probated without appointing an executor at all. This works when the deceased had a valid will and no debts at the time of death, other than a mortgage on their homestead. It is faster and less expensive than a full administration, but it is not the right tool when there are significant assets, hostile beneficiaries, out-of-state assets, or outstanding debts, because it gives no one legal authority to act on the estate's behalf beyond transferring title.

Small Estate Affidavit

If the decedent died without a will and the estate, excluding a homestead and other exempt property, is worth $75,000 or less, heirs may be able to use a Small Estate Affidavit under Estates Code Section 205.001 instead of opening a full administration. This is one of the most searched probate shortcuts in Texas, but it has specific requirements: all debts other than those secured by exempt property must be resolved, and every distributee must sign the affidavit. Many families attempt this without an attorney and have it rejected by the court for a technical defect, which costs more time than retaining an attorney from the start would have.

How Much Does an Estate Have to Be Worth to Go to Probate in Texas?

There is no minimum estate value that triggers probate. Any estate with assets titled solely in the decedent's name, real property, a car, an individual bank account, generally has to pass through some form of court process before those assets can be legally transferred, regardless of the total value. What the $75,000 figure above actually controls is eligibility for the Small Estate Affidavit shortcut, not whether probate is "required."

Assets that bypass probate entirely include:

• Property held in a trust
• Accounts with a payable-on-death or transfer-on-death beneficiary designation
• Property owned as joint tenants with right of survivorship
• Life insurance and retirement accounts with a named beneficiary
   

A Dallas-Fort Worth probate attorney at Crain & Wooley can review the actual assets in an estate and identify which ones require court involvement and which do not.

Accessing Bank Accounts, Property, and Assets After a Death

What Is a Letter of Testamentary and How Do I Get One?

A Letter of Testamentary is the document a Texas probate court issues under Estates Code Section 306.001 once it admits a will to probate and the named executor takes their oath. It is the only document banks, title companies, brokerages, and the IRS will accept as proof that someone has legal authority to act for an estate. Without it, an executor named in a will cannot close an account, sell property, or file a final tax return on the estate's behalf. Filing happens in the probate court of the county where the decedent lived, and Crain & Wooley regularly handles this filing in Collin, Dallas, and Tarrant Counties.

What Happens to a House If There Was No Will?

When someone dies intestate, Texas Estates Code Chapter 201 determines who inherits, and the answer depends on whether the decedent was married, had children, and whether those children were also children of the surviving spouse. A house does not automatically pass to whoever is living in it or paying the mortgage. Heirs typically need either a court-supervised Determination of Heirship proceeding under Estates Code Chapter 202, or, in straightforward cases, a properly recorded Affidavit of Heirship, before the property can be sold, refinanced, or transferred.

Can I Sell a House If the Deceased's Name Is Still on the Title?

Not without legal authority to act on behalf of the estate. A title company will not close a sale where the seller of record is deceased. Depending on whether there was a will, this authority comes from Letters Testamentary, a court Determination of Heirship, or a Muniment of Title order. Attempting to sell based only on being a family member, or having a key to the house, is one of the most common reasons a closing falls through months into the process.

What Happens to the Mortgage When the Homeowner Dies?

The mortgage does not disappear, and the lender cannot automatically call the loan due. Under the federal Garn-St. Germain Act, 12 U.S.C. Section 1701j-3(d)(8), a relative who inherits a home may continue making payments under the existing mortgage terms without triggering the loan's due-on-sale clause, even before the estate is formally settled. The payments still have to be made on schedule, and the inheriting family member eventually needs clear title through probate to sell or refinance the property.

Are Debts Forgiven When Someone Dies?

Generally, no. A deceased person's debts become the responsibility of their estate, and the estate has to settle outstanding debts before distributing what remains to heirs or beneficiaries. This happens through the probate process, where the executor or administrator identifies and pays valid claims under Estates Code Chapter 355.

Key points on how debt works during Texas probate:

• Creditor claims: Creditors are given a specific window to file claims against the estate, and valid claims are reviewed and paid in a set order of priority.
• Priority of debts: Secured debts, like a mortgage or car loan, are typically addressed before unsecured debts like credit cards or medical bills.
• Insufficient assets: If the estate cannot cover every debt, some unsecured debts may go unpaid, but this generally does not create personal liability for heirs.
• Family liability: Beneficiaries are generally not responsible for the deceased's debts unless they co-signed a loan or held a joint account.
• Discharged debts: Federal student loans are typically discharged on the borrower's death, while mortgages and car loans generally must be resolved through the estate.

When Family Disputes Arise During Probate

Under Estates Code Section 256.204, a person who has custody of a deceased person's will is legally required to deliver it to the county clerk or to the person named as executor, and a court can compel production if they refuse to turn it over. Once an executor is appointed, they owe a fiduciary duty to every beneficiary, including providing a formal accounting of estate assets under Chapter 404. A beneficiary who suspects a sibling or other family member is withholding a will, or removing property from the decedent's home before it has been inventoried, should raise the issue with a probate attorney early. This is the kind of dispute our probate litigation team handles regularly, and acting before assets disappear matters far more than acting after.

Working With a Probate Attorney in Dallas-Fort Worth

Most Texas probate courts require an executor to be represented by an attorney, because an executor is not just acting for themselves, they represent the interests of every beneficiary and creditor of the estate. Under Texas law, only a licensed attorney can represent the interests of others, so preparing and filing pleadings without counsel would constitute the unauthorized practice of law. Courts allow narrow exceptions, but in practice, executors in Texas almost always need a probate attorney.

Whether your case involves Tarrant County Probate Court in Fort Worth, a Dallas County probate court, or Collin County Probate Court in Plano and McKinney, we review the will or the intestacy situation, explain the specific administration type available, and outline the timeline and costs before any work begins.

Our probate services include:

• Estate administration: Gathering assets, preparing inventories, communicating with beneficiaries, and resolving creditor claims.
• Court filings and hearings: Preparing pleadings, guiding you through required hearings, and explaining each ruling under Texas law.
• Complex estate issues: Multi-county assets, homestead protections, ongoing property expenses, and retirement accounts.
• Family and beneficiary disputes: Will contests, breach of fiduciary duty claims, and accounting disputes.

Initial Consultation: Speak With a Dallas-Fort Worth Probate Attorney

Probate involves enough variables that guessing at the right path, formal administration, independent administration, muniment of title, or a small estate affidavit, can cost far more time than a consultation would. We require a retainer to begin work, and probate matters are billed hourly given how much the scope can vary case to case. During your consultation, we outline the likely timeline, the steps ahead, and the expected cost for your specific situation.

Please contact us at (972) 945-1610 or fill out our convenient scheduler to set up a consultation with a probate attorney in Dallas-Fort Worth.

Frequently Asked Questions About Probate in Texas

What Is the Role of an Executor in the Probate Process?

An executor manages and distributes a deceased person's estate according to their will, identifying assets, paying debts and taxes, filing required court documents, and transferring property to beneficiaries under the general duties set out in Estates Code Chapter 351. Because probate carries strict deadlines, including a 90-day deadline to file the estate inventory under Section 309.051, working with a probate attorney helps executors meet these requirements without personal exposure for missing one.

How Long Does the Probate Process Typically Take in Texas?

Simple, uncontested estates with independent administration can often resolve in a matter of months. Estates involving disputes, out-of-state assets, or a dependent administration requiring court approval at each step can take a year or longer. A clear, unchallenged will and organized executor are the two biggest factors in how quickly a case moves.

Can Probate Be Avoided, and If So, How?

Some estates can avoid probate through advance planning: a living trust, beneficiary designations on accounts, transfer-on-death deeds for real property, and joint ownership with right of survivorship. Smaller estates may also qualify for the Small Estate Affidavit process described above. A Dallas-Fort Worth probate lawyer can review an existing estate plan and identify which of these tools actually apply.

What Are the Tax Implications During Probate?

Texas has no state inheritance tax. The executor is still responsible for filing the deceased's final federal income tax return, and potentially an estate income tax return if the estate generates income during administration. Federal estate tax may apply if the estate's value exceeds the federal exemption threshold, and property taxes continue to accrue on any real estate in the estate throughout probate.