Estate Planning and Probate Lawyer in Dallas, Texas

At Duffley Law, we handle estate planning and probate for Dallas families. 

Estate planning determines who manages your affairs, who takes care of your children, and who receives your property. Probate is the court process that carries those instructions out, or applies default Texas law when no valid plan exists.

Many Dallas clients come to us with a will or trust drafted somewhere else, or with a plan that has not been reviewed in years. 

Much of this is fixable with document revisions or a restatement of key elements of the plan. We begin with a conversation to learn more about your goals and situation, and, if it’s something we can help with, we provide a flat-fee proposal to get started.

What Clients Say About Duffley Law

“They made the entire estate planning process easy… really fast and well done.” 

“They took the time to explain everything clearly and answered all of our questions with patience.” 

“They even sent a notary to our house to take care of the paperwork.” 

“Very professional and knowledgeable after losing my father.” 

“Professional, knowledgeable, and incredibly attentive to every detail.” 

Our Estate Planning and Probate Services in Dallas

Where We Serve in Dallas

Do I Need a Will if I Already Have a Revocable Living Trust in Texas?

Generally speaking, yes. A revocable living trust can handle much of your estate plan, but it generally does not eliminate the need for a will. In Texas, the two documents serve different purposes and are often designed to work together.

A “pour-over” will typically acts as a backup for your living trust. If you own property in your individual name when you die that was never transferred into the trust and does not pass through a beneficiary designation or another non-probate method, the will directs that property into the trust. 

Depending on the assets involved, those assets may still need to pass through probate before they can be transferred to the trust.

For Dallas families using a revocable living trust, the goal is therefore not to choose between a will and a trust. A well-coordinated estate plan can use the trust as the primary vehicle for managing and distributing assets while the pour-over will addresses property and family considerations that fall outside of it.

Why Choose Duffley Law in Dallas

A Texas attorney who understands Dallas County probate and estate planning

Texas estate planning rules can differ significantly from those in other states. Your plan should reflect Texas law and how Dallas County probate procedures may affect your family and assets.

Custom planning built around your goals

Online estate planning tools usually provide generic documents rather than legal advice tailored to your situation. They may not account for issues such as community property, beneficiary designations, coordination with other documents, pour-over wills, or whether documents have been properly signed and witnessed under Texas law.

Appointments that fit your schedule

We offer virtual consultations, making it easier to speak with our team without taking time away from work. When it is time to sign your estate planning documents, we also coordinate a mobile notary and witnesses so the process can be completed correctly and conveniently (without having to come into an office!).

Direct attorney access

You work directly with your attorney throughout the estate planning process. Your questions get answered, your documents are reviewed with you, and you always know who is handling your family’s plan.

What Happens if Someone Dies in Texas Without a Will?

When someone dies without a valid will in Texas, they are considered to have died intestate. Instead of the person deciding who receives their property, Texas intestacy laws (such as Texas Estates Code Chapter 201) determine which relatives inherit and in what proportions.

How property is distributed typically depends on several factors, including whether it is community or separate property, whether the deceased had children, and whether those children are also children of the surviving spouse.

For example, when a married person dies with children, Texas treats separate real property differently from many other assets. Community property can also pass differently when the deceased spouse has children who are not descendants of the surviving spouse.

Dying without a will can leave a family with an inheritance structure the deceased person may have never intended. Creating an effective will or trust-based plan allows you to make your own decisions about beneficiaries, nominate an executor, address care for minor children, and provide clearer instructions for how you want your estate handled.

About Duffley Law

Duffley Law is an estate planning and probate firm serving clients across Texas.

The firm covers estate planning, wills, trusts, and probate administration, including situations where a plan drafted elsewhere needs to work under Texas law.

Duffley Law proudly holds a 4.9 star rating across 275+ reviews for our Texas locations.

Our Estate and Probate Process for Dallas Clients

1. We learn about your family and legal needs.

We begin with a conversation about your situation, goals, and concerns. For estate planning, we discuss your family, assets, and wishes for the future. For probate matters, we review the estate, any existing will, the assets involved, and the steps that may be required to administer the estate.

2. We choose a clear path forward.

During your consultation, we identify the services that best fit your situation.

For estate planning clients, this may include a will, powers of attorney, a transfer-on-death deed, a directive to physicians, or a revocable living trust designed to help assets avoid probate when properly established and funded.

For probate clients, we determine the appropriate process, which may include probating a will, seeking an independent administration, establishing heirship, or exploring an alternative when available.

3. We prepare the necessary documents.

Once engaged, you work directly with an attorney throughout the process. For estate planning matters, we draft documents tailored to your goals and Texas laws, including community property and homestead protections.

For probate matters, we prepare the court filings, notices, applications, and other documents needed to move the estate through the legal process.

Everything is reviewed internally for accuracy before it is finalized or filed.

4. We explain each step and answer your questions.

We walk estate planning clients through every document so they understand how their plan works and whether any revisions are needed.

For probate clients, we explain the court process, important deadlines, the responsibilities of the executor or administrator, and what to expect at each stage.

5. We coordinate signing, filing, and court requirements.

Texas estate planning documents often require specific witnessing and notarization. We coordinate these requirements and, for most Texas clients, we have a mobile notary and witnesses meet them to carry out the signing without requiring a trip to our office.

For probate matters, we file the required documents with the court, assist with hearings, and help the executor or administrator complete necessary notices, inventories, and other legal obligations.

6. We help you complete the process.

Once an estate plan is signed, we handle the recording of applicable Texas real estate documents and explain any remaining steps needed to fully implement the plan, including funding a revocable living trust by retitling accounts and coordinating beneficiary designations.

For probate matters, we continue guiding you through the administration of the estate, including addressing debts, transferring assets, distributing property, and completing the steps required to close the estate.

Can I Avoid Probate in Texas?

Often, yes. Texas provides several ways for assets to transfer directly to beneficiaries without going through the traditional probate process. The right approach depends on the type of property you own and your personal goals.

For example, a transfer on death deed can allow qualifying real estate to pass directly to a named beneficiary after the owner’s death. Bank accounts can use payable-on-death designations, while retirement accounts and life insurance policies can transfer according to their beneficiary designations. 

Beneficiary designations need to remain current, trusts must actually be funded, and ownership of property should coordinate with the rest of the estate plan. Even one asset left solely in your name without a beneficiary may still need probate.

For many Texas families, the goal is to create an estate plan that makes administration as straightforward as possible for the people left behind.

Frequently Asked Questions About Estate Planning and Probate

My will was drafted in another state before we moved to Texas. Is it still valid here?

Texas generally recognizes a will validly executed under the law of the state where it was signed, so your out of state will is usually not void. Valid is not the same as effective, though. Different best practices around Texas community property rules, independent administration, and self-proving affidavit requirements can change how that document plays out in a Dallas County courtroom.

How long does probate take in Dallas County?

An uncontested independent administration often runs six to twelve months from filing to closing, with the initial hearing at the George L. Allen Sr. Courts Building often set within a few months of filing in smoother cases.

What is muniment of title and when does it apply?

Muniment of title is a slightly abbreviated Texas probate proceeding, authorized under Texas Estates Code Chapter 257, that transfers property under a valid will without appointing an executor. It may be available when there is a will, no unpaid debts other than a mortgage, and no need for administration.

What is the difference between a power of attorney and a healthcare directive in Texas?

A statutory or durable power of attorney generally lets an agent handle financial and legal matters. A healthcare directive, also called a directive to physicians or “living will,” instead states your own wishes about end-of-life medical treatment. A medical power of attorney authorizes an agent to make healthcare decisions on your behalf when you’re unable to.

Does a revocable living trust protect my assets from creditors in Texas?

Generally not while you are alive. In a typical revocable trust structure, because you can revoke or amend a revocable trust at any time, the assets are still treated as yours for creditor purposes. That said, Texas already offers strong potential protection for homesteads and certain retirement account exemptions.

How much does it cost to have out-of-state estate documents reviewed and updated?

Duffley Law handles document review and restatement on a scoped, quoted basis rather than an open hourly meter, so you know the cost before work begins.

Local Resources in Dallas for Estate Planning and Probate 

Ready to Protect Your Family and Assets With a Dallas Estate Planning and Probate Attorney?

Duffley Law handles estate planning and probate administration. 

We offer free consultations virtually for clients across Dallas, Plano, Frisco, and the surrounding area.

Call us or book online to schedule a free consultation.

Disclaimer: This article is provided by Duffley Law PLLC for informational purposes only and should not be construed as legal advice, as it may not reflect the latest legal developments. Reading this content does not create an attorney-client relationship. For guidance on your specific situation, please discuss with an attorney directly.

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