Do You Have to Probate a Will in Texas? Dallas Guide
If you're holding a loved one's will and wondering what to do with it, here's the short answer: in most cases, yes, the will needs to go through a Texas probate court. But that doesn't have to mean a long, expensive process. Many Dallas families qualify for a much simpler route, and some property may not need probate at all. The one deadline to keep in mind is four years from the date of death.
Let's walk through it.
Why does a will have to go to court?
It surprises a lot of people, but a will on its own doesn't transfer anything. In Texas, a will doesn't prove who owns property until a judge accepts it, or "admits it to probate." Until that happens, the bank, the title company or a buyer has no legal reason to treat the people named in the will as the new owners.
So if you have the original will, don't sit on it. Texas law actually requires whoever has it to turn it over to the court clerk after learning of the death. Here in Dallas County, that means one of the three probate courts in the George Allen Courts Building downtown, at 600 Commerce Street.
Don't miss the four-year window
Texas generally gives you four years from the date of death to probate a will. After that, the court will only accept it if you can show you weren't at fault for the delay. Even then, it usually can't name an executor. And if the heirs sell property after the four years to someone who didn't know about the will, that buyer can generally keep it.
In other words, waiting rarely helps and can cause real headaches. It's better to get started, even if you take it one step at a time.
The simpler route: a "muniment of title"
This is the option many families have never heard of, and it's often the easiest path when there's a will. With a muniment of title (pronounced MYOO-nih-ment), a judge accepts the will but doesn't appoint an executor or open an ongoing estate. The will and the judge's order are enough for banks and others to hand property over to the people named in the will.
It usually works when the estate doesn't owe any debts except ones tied to real estate, like a mortgage. Think of a common situation: Mom or Dad left the house to the kids, the only debt is the mortgage, and everyone agrees on what the will says.
One follow-up step to know about: within 180 days after the judge accepts the will, the person who filed it signs a sworn statement for the court explaining which parts of the will have been carried out.
Some things may skip probate entirely
Not everything your loved one owned passes through the will. Some property goes straight to a named person by contract or deed:
Bank accounts marked "payable on death" (P.O.D.). The money goes to the person named on the account.
Joint accounts with a written right of survivorship. The surviving owner keeps what's left.
A home with a transfer on death deed. If the deed was signed and recorded with the county before the owner died, the house goes to the person named in it.
If everything passed this way, there may be little or nothing left for a court to handle. Still, it's worth confirming before you decide not to file the will.
"Can't I just use a small estate affidavit?"
We hear this one a lot. The small estate affidavit is a useful tool, but in Texas it's only for people who died without a will. It has other limits too: at least 30 days must have passed, the estate (not counting the home and certain exempt property) has to be worth $75,000 or less, and a judge has to approve it. If there's a will, this isn't the right tool, and Dallas County's own form says the same.
When full probate is the better choice
The simpler route isn't right for everyone. A full probate, with a court-appointed executor, may make more sense if the estate has debts beyond a mortgage, if property needs to be sold or managed for a while, or if family members don't agree. Some out-of-state banks and companies also insist on court papers naming an executor before they'll release anything.
What to do next
Find the original will and keep it somewhere safe. A copy isn't the same thing.
Order several certified copies of the death certificate.
Jot down what your loved one owned and owed, including the mortgage, credit cards and medical bills.
Check which accounts and property list a beneficiary, a P.O.D. payee, a surviving joint owner or a transfer on death deed.
Put the four-year deadline on your calendar.
Talk with a Texas probate attorney about which route fits your family.
Quick answers to common questions
How long do I have to probate a will in Texas? Generally four years from the date of death. After that, it gets much harder, and the court usually can't appoint an executor.
Can I use a small estate affidavit if there's a will? No. In Texas, the small estate affidavit is only for estates where there was no will.
Does a muniment of title still mean going to court? Yes, a judge still has to accept the will. But it's usually quicker, because no executor is appointed and there's no ongoing estate to manage.
We just found the will, years later. Is it too late? Not necessarily. It depends on why it wasn't filed sooner, so it's worth getting advice before you do anything else.
Let's talk about your family's situation
Losing someone is hard enough without trying to figure out the court system on your own. Attorney Kristian McCray Stewart is licensed in Texas and helps families in Dallas, Collin, Denton and Tarrant Counties through probate. She spent more than five years as a public defender and served as a U.S. Air Force Staff Judge Advocate, so she's used to explaining the legal process in plain language to people going through a stressful time.
Learn more about our probate services, book a probate consultation, or call (469) 207-1534. The first 15 minutes are free; longer consultations are $225. Our office is at 2911 Turtle Creek Blvd., Suite 300, Dallas, TX 75219.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
