When a loved one dies in Dallas County, the will is probated, or the heirs are determined, in the county where the person lived. Dallas County has three statutory probate courts (the Probate Court, Probate Court No. 2 and Probate Court No. 3). All three Dallas County probate courts hold virtual hearings. A Notice of Virtual Court Proceeding must be on file at least three business days before the hearing, and each court's virtual hearing instructions govern who may be in the room with a witness and when the written testimony is signed. Our office is in San Antonio, and we handle uncontested probate in Dallas County for families in Dallas, Irving, Garland, Mesquite, Grand Prairie, Richardson, Carrollton and DeSoto without requiring the family to travel for most hearings. Court procedures change, so we confirm the format with the court when the hearing is set.
What families should know
Most estates go through probate in a short, uncontested hearing. The person named as executor, or an heir asking to serve as administrator, testifies briefly that the person died, where they lived, and the other facts the Estates Code requires. In Dallas County, that hearing can often be held by video, so the executor can attend from home or work, even if they live outside Texas.
We do the court work from our San Antonio office: we prepare and e-file the application, arrange for the original will to be delivered to the Dallas County Clerk, prepare the proof of death and other facts, the oath and the proposed order, and handle the notices the court requires. Before the hearing we walk the applicant through the testimony, which usually takes a few minutes.
Not every case qualifies. A will contest, a dispute among heirs or an unusual fact pattern can mean an in-person hearing or a contested proceeding. A will that was not signed with a self-proving affidavit may also require live testimony from a witness. We review the will and family situation at the free consultation and tell you what to expect.
Keep the original will in a safe place and do not mail it anywhere until we tell you where it goes. Most Dallas County courts will not set a hearing until the original is on file with the clerk, and a lost original makes the case slower and more expensive.
The legal detail
Where the case is filed
A will is probated, and letters testamentary or of administration are granted, in the county where the decedent resided if the decedent had a domicile or fixed place of residence in Texas (Tex. Est. Code § 33.001). A Dallas County resident's estate therefore belongs in Dallas County, even if the executor lives elsewhere.
How Dallas County courts handle uncontested hearings
Texas Rule of Civil Procedure 21d makes in-person appearance the default unless the notice of the hearing says otherwise, and lets each court allow or require participation by videoconference. Each Dallas County court sets its own practice. The table summarizes what the courts publish, as reviewed in November 2026.
| Court | Hearing format | What the court requires |
|---|---|---|
| Probate Court | Virtual hearings | Witnesses testify alone in a room unless the attorney is with them. The judge watches the witness sign the proof and oath on camera. |
| Probate Court No. 2 | Virtual hearings | The court does not countersign proofs at virtual hearings; the proofs and oath are notarized during or after the hearing, never before, and e-filed after the order is signed. |
| Probate Court No. 3 | Virtual hearings | The applicant does not need to be with the attorney if both join by Zoom. Witnesses sign their written testimony at the hearing. |
Testimony, the oath and the original will
The applicant must file the will with the application if it is in the applicant's control (Tex. Est. Code § 256.053). Testimony at a will hearing is committed to writing at the time it is taken and subscribed and sworn to in open court (Tex. Est. Code § 256.157); courts differ on whether the written proof is signed before, during or after a video hearing. An executor or administrator may qualify by taking an oath or, since 2023, by signing an unsworn declaration, within the period after the order granting letters (Tex. Est. Code §§ 305.002, 305.003, 305.051). A will generally must be offered for probate within four years of death to obtain letters (Tex. Est. Code § 256.003).
When there is no will
If the decedent left no will, the court determines the heirs in an heirship proceeding, usually with an attorney ad litem appointed to represent unknown heirs and testimony from disinterested witnesses who knew the family. Whether those witnesses may testify from home or must be with the attorney depends on the court, as shown above.
How it works with our office
- Free consultation by phone or Zoom. We review the will or family tree, the assets and who will serve.
- Filing. We e-file in Dallas County and arrange delivery of the original will to the clerk.
- Notice and waiting period. The clerk issues and posts the required citation, and the hearing is set after the return date.
- Hearing. The applicant and any witnesses join by Zoom where the court allows it. We prepare them in advance.
- Letters and next steps. After the order, the executor qualifies and receives letters, and we help with notices to creditors, the inventory or affidavit in lieu, and transferring real estate and accounts.
Frequently asked questions
Can you handle a Dallas County probate from San Antonio?
Yes. Texas attorneys can practice in any Texas county, and filing is electronic. For uncontested cases, the hearing in most Dallas County courts can be held by video.
What is a Notice of Virtual Court Proceeding?
It is a filing required by Texas Rule of Civil Procedure 21d before a court can hold a hearing by videoconference. The Dallas County probate courts require it to be on file at least three business days before the hearing, or the setting is cancelled. We prepare and file it.
What if the executor lives out of state?
A nonresident can serve as executor in Texas but must appoint a resident agent for service of process. The executor can usually attend the video hearing from home.
How long does it take?
Uncontested cases often take about one to three months from filing to letters, depending on the court's docket, the required notice period and whether the original will and documents are in order.
Need to probate an estate in Dallas County?
We help families in Dallas, Irving, Garland, Mesquite, Grand Prairie, Richardson, Carrollton and DeSoto probate wills and prove heirship, usually without a trip to the courthouse. The first consultation is free.
Schedule a Free ConsultationLaw Office of Todd Worrich · 1045 Cheever, Suite 208, San Antonio, Texas 78217
Keep reading
- Probate & Heirship services
- Does Every Estate Need Probate in Texas?
- Texas Probate When You Live Out of State
- Harris County probate by Zoom
- Collin County probate by Zoom
- Denton County probate by Zoom
- Fort Bend County probate by Zoom
- Montgomery County probate by Zoom
- Hidalgo County probate by Zoom
- Cameron County probate by Zoom
- Bexar County probate by Zoom
Official sources
About the author
Todd Worrich is a San Antonio native and Texas attorney. He earned his undergraduate degree from Texas A&M University, his law degree from St. Mary’s University School of Law and an LL.M. in Taxation from SMU Dedman School of Law, and he has been recognized multiple times by Texas Super Lawyers. His practice focuses on estate planning, probate and helping Texas families recover oil and gas royalties. More about Todd
This page is general information about Texas law and court procedures, not legal advice for your situation, and reading it does not create an attorney-client relationship. Court procedures change; we confirm each court's current requirements when a hearing is set. Results depend on the facts of each matter. Our office is located in San Antonio, Texas; we do not have an office in Dallas County. Attorney responsible for this content: Todd Worrich, San Antonio, Texas.
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