The probate court is a statutory probate court headed by elected judges. In general, the probate court probates the wills of deceased persons, declares the heirs of deceased persons who die without a will, establishes guardianships for incapacitated persons and minors, supervises court-ordered involuntary mental health commitments, and administers all eminent domain cases initiated in Dallas County.

The probate court also has jurisdiction to hear lawsuits appertaining to or incident to an estate of a decedent or ward as well as actions by or against a personal representative of a decedent’s or ward’s estate. These ancillary cases cover a wide range of topics, from products liability to fiduciary litigation to medical malpractice to family law.

Pro Se Policy

Only a licensed attorney may represent a third person or entity in a Judicial proceeding in the State of Texas. In most probate or guardianship cases, an individual applicant is not truly representing only himself, rather he is attempting to represent another person or persons such as beneficiaries, heirs, or the estate itself. Unless that individual is a licensed attorney, this constitutes the unauthorized practice of law and will not be allowed by the Court. For more information please contact the Probate Court.

Ex Parte Communications

Cannon 3 of the Code of Judicial Conduct entitled `Performing the Duties of Judicial Office Impartially and Diligently` states that a judge shall accord to every person who has a legal interest in a proceeding, or the person's lawyer, the right to be heard according to law and that a judge shall not initiate, permit, or consider ex parte communications made to the judge outside the presence of the parties between the judge and a party, an attorney, a guardian or attorney ad litem, an alternate dispute resolution neutral, or any other court appointee concerning the merits of a pending or impending judicial proceeding. Further, a judge shall require compliance by court personnel subject to the judge's direction and control. If you are in doubt whether a question is ex parte, ask us, and we'll tell you whether or not we can answer it.