A parent has died in Dallas: what probate involves, from the first week to closing

The sequence in plain terms

After a parent dies in Dallas County, the family finds the original will if there is one, identifies what passes outside probate, and then, if property in the parent's name alone needs to be transferred, files an application with the probate court. The court admits the will and appoints an executor, or, without a will, determines the heirs and appoints an administrator. The executor gathers assets, files an inventory, pays valid debts and distributes what remains. How long it takes depends on whether there is a will, what kind of administration the will allows, how many assets and debts there are, and whether the family agrees.

Probate has been part of my practice for many years, and the first thing I tell a grieving family is that most of it does not have to happen this week. This guide lays out what does, what can wait, and the choices that shape the rest. It is general information; your family's situation deserves advice from a licensed Texas attorney.

The first two weeks: what actually needs doing

In the first days, the priorities are human and practical, not legal. Arrange the funeral, secure the house and car, and keep the mail coming to someone who will open it. Order several certified copies of the death certificate, because banks, insurers and the court will each want one.

Find the original will. Look in the parent's papers, a safe at home, a safe deposit box, or with the attorney who prepared it. A copy is not enough for probate in most cases. If you cannot find any will, that changes the path, and it helps to understand what Texas does in that situation; I explain it in what happens to a Texas family's house, accounts and children if there is no will.

• Secure the home, vehicles and valuables
• Order certified copies of the death certificate
• Locate the original will and any trust documents
• Collect recent bank, brokerage, retirement and insurance statements
• Keep paying essential bills like insurance and utilities on the house
• Do not distribute belongings or sell property yet

Sort what goes through probate from what does not

Not everything a parent owned goes through the court. TexasLawHelp.org notes that assets like insurance, retirement funds and jointly held property pass outside probate. Accounts with a named beneficiary or payable-on-death designation go to the named person when they present a death certificate. Real estate covered by a recorded transfer on death deed passes to the beneficiary. Property in a funded living trust is handled by the successor trustee.

What is left, usually the house and any accounts in the parent's name alone with no beneficiary, is the probate estate. Making this list early often shows that the court process is smaller than the family feared. It also reveals surprises, such as an old beneficiary form naming someone the will never mentions. Many common beliefs about which assets avoid probate are wrong, and I go through them in five things Texas families believe about wills and inheritance.

The options Texas offers, from lightest to fullest

Texas has several ways to settle an estate, and the right one depends on whether there is a will, how much there is and whether there are unpaid debts. Choosing well is where an experienced probate attorney saves a family the most time.

• Muniment of title: under Texas Estates Code Section 257.001, a court may admit a will as a muniment of title when the estate owes no unpaid debt other than debt secured by real estate, or there is otherwise no need for administration; the will itself serves as the transfer document and no executor is appointed
• Independent administration: the executor is appointed and then settles the estate with limited court supervision, if the will allows it or the heirs agree
• Dependent administration: the court supervises each major step, which is slower and more expensive
• Small estate affidavit: TexasLawHelp.org explains it can be used when there is no will and the estate, excluding the homestead and exempt property, is less than $75,000, with debts not exceeding the estate's value
• Affidavit of heirship: filed in the county deed records for real estate, typically where there was no will or the will was not probated in time; TexasLawHelp.org notes it does not require court approval

Filing in the Dallas County probate courts

Dallas County has statutory probate courts that handle probate matters, and the County Clerk's probate division at the George Allen Courts Building, 600 Commerce Street, receives the filings. The clerk's FAQ lists a base fee of $360 for a new probate application, with optional fees for posting notice. Fees change, so confirm current amounts with the clerk or your attorney.

After the application is filed, notice is posted and a hearing is set. At the hearing, the will is proved, often with a self-proving affidavit so no witnesses need to testify, and the court appoints the executor, who then receives letters testamentary. Those letters are what banks and title companies ask to see before releasing accounts or transferring property. TexasLawHelp.org notes that almost all probate cases require a lawyer.

If there is no will, the process starts differently. The court first has to determine who the heirs are, and the clerk's FAQ describes a deposit for an attorney ad litem, a lawyer the court can appoint to look out for heirs who are unknown or cannot be found. Only after heirship is settled is an administrator appointed. That extra step is one of the main reasons estates without a will take longer.

What the executor does once appointed

Once letters are issued, the executor's job is to collect, protect, account for and distribute. It is a fiduciary role, meaning the executor must act in the interest of the estate and the beneficiaries, not for personal convenience. Keeping estate money in a separate estate account and good records from the first day makes everything that follows easier.

Under Texas Estates Code Section 309.051, the personal representative must file an inventory, appraisement and list of claims before the 91st day after qualifying, unless the court allows a different period, and the law provides an affidavit alternative in some cases. Valid debts and expenses are paid from the estate before beneficiaries receive their shares.

• Open an estate bank account and move estate funds into it
• Give required notices, including notice to creditors
• Prepare the inventory and appraisement
• Collect assets, cancel subscriptions and close accounts
• Pay valid debts, final bills and any taxes due
• Distribute property according to the will and document every step

What decides how long it takes

Families always ask how long probate will last, and the honest answer is that it varies with the estate. A simple estate with a clear will, an independent executor, cooperative heirs and assets that are easy to value moves fairly quickly. An estate with no will, missing heirs, a business, real estate in several places, significant debts or a family disagreement can take much longer.

The deadline to keep in mind is the one at the front end. TexasLawHelp.org explains that a will generally must be admitted to probate within four years of the date of death; after that, the estate may be treated as if there were no will, with limited exceptions. Families sometimes put probate off because the house is not being sold yet. That is understandable, but waiting rarely makes it simpler.

The factor families control most is communication. When the executor tells the other heirs what is happening, shares the inventory and explains delays before anyone has to ask, disagreements tend to stay small. When heirs feel shut out, small questions turn into objections, and objections are what stretch an estate from months into years. In my experience, a short written update every few weeks prevents more trouble than any legal document.

The family home: keep, sell or share

The house is usually the most emotional and the most valuable asset. Until the executor is appointed, or title is otherwise settled, nobody has clear authority to sell it, and title companies will want to see letters testamentary or a court order. Keep the property insured, maintained and secure in the meantime, and tell the insurer the owner has died, since a vacant house can raise coverage questions.

When siblings inherit together, decide early whether one will buy out the others, whether to rent the house, or whether to sell. If you sell, a residential agent who regularly handles estate sales, such as Andy Scott, can explain what preparation is worth doing and what is not. Make no promises to buyers until the executor has authority to sign.

Getting help without losing control of the process

I practice alone from my office on Plano Road in the Lake Highlands area, so the person you talk to is the attorney handling the estate. In a first conversation, by phone or in person, I ask what the parent owned, whether there is a will and what the family wants, and I explain which of the Texas options fits and what it will cost.

Bring the original will if you have it, the death certificate, recent statements and a list of the heirs with contact information. You do not need everything organized before calling. Probate is a general information topic only up to a point; for decisions about your parent's estate, talk to a licensed Texas attorney who has seen the documents.

Questions people ask me