Texas Probate Help When You Need It Most

Losing someone is hard enough. Our DFW probate lawyers handle the paperwork, court filings, and deadlines so you can focus on your family.

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What the Texas Probate Process Actually Looks Like

Probate is the legal process of settling a deceased person's estate — paying debts, transferring property, and distributing assets to the right people. In Texas, the process varies significantly depending on whether there is a valid will, the size of the estate, and how assets are titled. Understanding your options early saves time, money, and stress.

Probating a Will

When a valid, self-proved will exists, Texas courts can often admit it to probate within a matter of weeks. The executor named in the will is appointed by the court, given authority to act on behalf of the estate, and guided through a defined set of duties — notifying creditors, inventorying assets, and distributing property to beneficiaries. We handle every step of that process alongside you.

No Will? Determination of Heirship

When someone dies without a will in Texas, the estate passes through intestate succession — but the court must first establish who the legal heirs are. This process, called a determination of heirship under Texas Estates Code Chapter 202, typically takes three to six months. It involves a court-appointed attorney ad litem, witness testimony, and a formal heirship judgment. We manage this process from start to finish.

Muniment of Title

If the only asset that needs to transfer is real property and the estate has no unpaid debts (other than a mortgage), Texas offers a streamlined option called muniment of title. There is no executor appointment and no ongoing court supervision — just a court order that serves as direct proof of ownership. It is one of the fastest and least expensive probate options available.

Small Estate Affidavit

For estates valued under $75,000 (excluding homestead and exempt property), Texas allows heirs to use a small estate affidavit instead of formal probate. This is a simplified, lower-cost option that can resolve the estate without a full court proceeding. We help families determine whether this path applies and prepare the affidavit correctly.

Independent Administration

Most Texas probates proceed under independent administration, which gives the executor broad authority to manage and distribute the estate with minimal court involvement after the initial appointment. This keeps costs down and timelines shorter. We guide executors through their duties — inventory filings, creditor notices, asset transfers — so nothing is missed.

What an Executor Is Responsible For

Being named executor is an honor — and a real responsibility. Texas law requires executors to act in the best interest of the estate and its beneficiaries. Missteps can create personal liability. Here is what the role typically involves:

 

  • Filing the will and petition with the probate court
  • Notifying creditors and publishing a notice to creditors
  • Creating an inventory of all estate assets
  • Paying valid debts and final expenses from estate funds
  • Filing any required tax returns
  • Distributing assets to beneficiaries according to the will or Texas law
  • Closing the estate with the court

 

We work directly with executors to manage every deadline and filing, so nothing falls through the cracks.

How Long Does Probate Take in Texas?

The timeline depends on the type of proceeding and the complexity of the estate. A self-proved will admitted to an independent administration can move through the initial court process in weeks. A determination of heirship for an estate without a will often takes three to six months, given the statutory requirements for notice and the court-appointed ad litem process. Contested estates — where heirs or creditors dispute claims — can take longer. We move efficiently and communicate clearly at every stage, so you always know where things stand.

Serving Families Across Dallas and Tarrant Counties

We handle probate matters for families throughout the DFW area, including Richardson, Dallas, Plano, Garland, Mesquite, Grand Prairie, Irving, Arlington, Frisco, and McKinney. Our two offices — one in Richardson and one in Arlington — make it easy to meet in person wherever you are in the metro. We also serve clients in Spanish, Arabic, Vietnamese, and Mandarin, so language is never a barrier during an already difficult time.

Why Families in DFW Choose Wincorn & Associates

Probate is not just a legal process — it is something families go through in the middle of grief. We take that seriously. Here is what sets us apart:

 

  • 145+ Google reviews from real clients across DFW
  • Bilingual and multilingual staff — Spanish, Arabic, Vietnamese, and Mandarin
  • Two office locations: Richardson(Dallas County) and Arlington(Tarrant County)
  • Paralegal-assisted model that keeps costs manageable and timelines on track
  • Comprehensive estate planning services, so we can help with wills, trusts, and powers of attorney before probate ever becomes necessary
  • Plain-language guidance — we explain every step in terms that make sense

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Probate Questions We Hear Often

  • How long does probate take in Texas?
    It depends on the type of proceeding. A self-proved will can often be admitted to probate and an executor appointed within weeks. An estate without a will typically requires a determination of heirship under Texas Estates Code Chapter 202, which often takes three to six months. Contested estates can take longer. We give you a realistic timeline at your first consultation.
  • Do all estates have to go through probate in Texas?
    Not always. Small estates under $75,000 may qualify for a small estate affidavit. Estates where the only asset is real property with no outstanding debts may qualify for muniment of title. Assets held in a trust, jointly titled property, and accounts with named beneficiaries typically pass outside of probate entirely. We help you identify the right path.
  • What happens if there is no will?
    Texas law determines who inherits through intestate succession, but the court must first establish the legal heirs through a determination of heirship proceeding. This involves court filings, a notice period, an attorney ad litem appointed by the court, and a formal judgment. We manage the entire process and keep you informed throughout.
  • Can I handle probate without a lawyer in Texas?
    Texas law allows some probate matters to proceed without an attorney, but executors can be held personally liable for errors. Missing a creditor notice deadline, failing to file an inventory, or distributing assets incorrectly can create real legal exposure. Most families find that professional guidance saves both time and money — and reduces stress considerably.
  • Do you help with probate if the deceased had property in another state?
    We handle Texas probate proceedings. If the estate includes property in another state, that property may require a separate ancillary probate proceeding in that state. We can advise you on what is needed and refer you to trusted attorneys in other jurisdictions when necessary.

Grief Is Enough — Leave the Probate to Us

You should not have to navigate Texas probate law while you are mourning. Our Dallas probate attorneys are here to carry the legal weight, meet the deadlines, and move the process forward — so your family can focus on what matters. Contact us today for a free consultation at our Richardson or Arlington office.