Dallas Probate Estate Litigation Attorneys

The Dallas probate estate litigation lawyers at RMO are considered industry leaders and regarded by our peers and community as some of the best attorneys in the state of Texas. With decades of firsthand experience in probate litigation cases, we’ll represent you as an executor, administrator, heir, beneficiary, spouse, or creditor to defend your interests so you can move on with life sooner.

What Is Probate Litigation?

Probate litigation in Dallas involves legal disputes that arise after someone has passed away, typically concerning the administration of their estate. These disputes may involve challenges to the validity of a will, allegations of misconduct by an executor, or conflicts among heirs and beneficiaries. In the Dallas area, probate cases often involve high-value estates, family-owned businesses, oil and gas interests, and complex real estate holdings.

Common issues include will contests, breach of fiduciary duty, disagreements over asset distribution, and disputes involving guardianships or powers of attorney. Successfully resolving probate litigation in Dallas requires experienced legal counsel who understands both Texas probate law and the procedures specific to Dallas County and surrounding jurisdictions.

Our Dallas Office

With an extensive network that spans across Texas, our Dallas area clients can conveniently find us at our local office and contact us to schedule a consultation.

Parking Information

Attorney Spotlight

Matthew Bourque

Managing Attorney - Dallas & Houston

Practicing probate litigation in Dallas is truly a rewarding experience. The city’s growth, especially as a major financial center, makes it an exciting environment to handle complex cases. Dallas attracts some of the most talented and competitive legal minds, and that level of professionalism pushes me to perform at my best. Beyond the courtroom, the city’s thriving arts, dining, and recreational scenes create a dynamic backdrop, making it an incredible place to build my career. I’m thrilled to contribute to the city’s continued success and be part of its ever-evolving legal landscape.

Client Testimonials

See what our clients have to say about working with us in Dallas.

Fantastic Attorney

“Matt has been a fantastic attorney for my family and I during a complicated legal matter. Not only is he a good litigator in the court room, he is an excellent communicator and thought-partner. He makes you feel like you are his only client. We could not have made it thru these difficult past few months without Matt by our side, giving us advice and counsel. Highly recommend!”

— Mike F.

Capable Allies On My Side

“For the first time since this ordeal began, I felt like I had capable allies on my side. They met all my expectations, and I would wholeheartedly recommend RMO to anyone facing similar challenges. My experience with them was a perfect 10/10.”

— Jodi W.

Knowledgeable, Thorough & Compassionate

“I highly recommend RMO law group. Matthew was prompt, extremely knowledgeable, thorough and compassionate. Melissa was very responsive and made sure everything was taken care of. TERRIFIC!!!”

— Mary S.

Probate Estate Litigation Services We Offer in Dallas

The guidance and support of an attorney during probate estate litigation is invaluable for simplifying a complex process during a difficult time with the loss of a loved one. As a seasoned Dallas probate estate litigation law firm, we offer all the following services.

Will Contests

In cases involving a lack of testamentary capacity, undue influence, fraud, or improper execution, a party may challenge a will’s validity or legitimacy. The probate litigation attorneys at RMO Lawyers may be able to support you in validating, invalidating, or appealing a will by establishing legal grounds for a contest and initiating the contest with a formal petition.

Executor & Administrator Breach of Fiduciary Duty

Executors and administrators have a fiduciary duty to act in the best interests of an estate and its beneficiaries. With over two decades of experience in handling breach of fiduciary duty lawsuits, we offer legal representation for beneficiaries who have been impacted by a breach of fiduciary duty as well as executors and administrators accused of breaching this duty.

Contested Estate Administration

A smooth estate and probate administration process is crucial to ensuring a fair distribution of assets to a decedent’s heirs. Engaging a skilled probate estate litigation attorney in the process can provide you with the support and resources necessary for an equitable result. If disputes do arise, the team at RMO Lawyers has two decades of first-hand experience in handling the intricacies of wills, trusts, and estate settlements, equipping us to help you achieve an appropriate resolution.

Inheritance Disputes & Theft

Inheritance is the legal process where a deceased person’s assets are distributed to their heirs or beneficiaries, either according to the instructions of a will or according to state intestacy laws if one did not exist. A variety of disputes can arise prior to the settlement of an estate, such as beneficiaries seeking a greater share of an inheritance or an interested party stealing estate assets.

With extensive experience in inheritance disputes and theft litigation, our Dallas probate estate litigation lawyers have the tools needed to help you navigate these complex yet sensitive issues.

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Frequently Asked Questions About Probate Estate Litigation in Dallas and Fort Worth

How long does probate estate litigation take in Dallas or Fort Worth?

The timeline depends on the complexity of the case, the number of parties involved, and whether the matter is resolved early or proceeds to trial. Some disputes may be settled within a few months. Others, especially those involving contested wills, fiduciary misconduct, or complex family dynamics, can take a year or longer. Our goal is to move matters forward efficiently while protecting our clients’ interests.

What does probate estate litigation cost in Dallas or Fort Worth?

Costs vary based on factors such as the scope of the dispute, the number of filings, and how far the case progresses. At RMO Lawyers, we are transparent about our fees and discuss billing structures at the beginning so you can make informed decisions about how to proceed.

Does RMO Lawyers use mediation or alternative dispute resolution in probate cases?

Yes. We regularly use mediation and other forms of alternative dispute resolution to help clients resolve probate disputes more efficiently and with less stress. In many cases, this approach avoids the time and cost of trial while still reaching a favorable outcome.

Is there a fee for an initial consultation with RMO Lawyers in Dallas or Fort Worth?

No. We offer a free initial consultation for probate estate litigation matters. During this meeting, we will learn about your situation, evaluate your legal options, explain the fee structure, and recommend next steps based on your goals.

What types of probate estate disputes does RMO Lawyers handle in Texas?

We represent clients in a wide range of probate litigation matters, including:

Will contests and disputes over estate plan errors or omissions
Allegations of undue influence or lack of capacity
Breach of fiduciary duty by executors or administrators
Conflicts among heirs or beneficiaries
Elder financial abuse and mismanagement of estate assets

Failures to account for or distribute estate property properly

How is probate handled differently in Texas compared to other states?

Texas offers an independent administration process that can simplify estate administration when there is no conflict. When disputes arise, however, probate litigation follows specific rules and procedures that vary by county. Courts in Dallas, Tarrant, Collin, and surrounding areas have their own practices and requirements, so it is important to work with an attorney who understands the local court system.

Do all probate disputes go to court in Texas?

Not necessarily. Many probate disputes are resolved through negotiation or mediation before reaching a courtroom. However, if an agreement cannot be reached, we are fully prepared to represent you in court and advocate for your interests.

Dallas Probate Case Scenarios

Our Dallas probate estate litigation law firm has a proven track record of protecting people and defending legacies, demonstrated by some of the following successful case examples.

Validated Surviving Spouse’s Homestead Rights; Evicted Fraudster Son

After his wife’s passing, our elderly client was evicted from his home by his son, who presented a fraudulent “Lady Bird” deed. We intervened, filing suit to challenge the deed and protect our client’s homestead rights. At trial, the court confirmed the home was community property, restoring our client’s rights, awarded attorney’s fees against the son, returning our client to his family home, and expunging the spurious criminal charges sought by the son.

Summary Judgment Ends Frivolous Will Contest

Secured summary judgment for our client, the executor of her father’s will, after a distant relative challenged the will’s validity based on vague allegations of undue influence. After targeted discovery and motion practice, the court ruled there was no admissible evidence to support the claim, ending the dispute before trial and preserving the estate for the intended beneficiaries.

Six-Figure Settlement for Omitted Child from Intestate Estate

Represented the adult son of a decedent who died without a will. Although his half-siblings initially denied he was entitled to share in the estate, we proved his right to inherit and negotiated a favorable six-figure settlement that avoided a prolonged court fight and secured his share of his father’s legacy.

Executor Removed for Failing to Distribute Estate Assets

On behalf of multiple heirs, successfully petitioned for the removal of an executor who had refused to distribute estate assets or provide an accounting for over two years. The court appointed a neutral fiduciary, and we later helped the heirs recover both their inheritance and attorneys’ fees from the estate.

Who Do We Represent
Probate estate litigation cases are complex and can have sweeping effects that affect multiple parties. RMO provides support at every angle. With firsthand experience in a variety of types of probate disputes, our Dallas probate estate litigation attorneys represent all the following clients to pursue an appropriate resolution.

Executors & Administrators

Understanding one’s role and duties as an estate representative is instrumental in mitigating the risk of probate disputes. In the event that your appointment or efforts during estate administration are being challenged, we can help. The probate estate litigation attorneys at RMO are equipped to litigate or resolve disputes, whether it involves a competing probate petition or objections, a will contest, breach of fiduciary duty claims, a petition for instructions, or a petition for removal.

Beneficiaries & Heirs

Identified beneficiaries and legal heirs are frequently at the center of disputes over wills and inheritances, which can put their inheritance amount at risk. Our Dallas probate estate litigation attorneys work diligently to protect the legal rights of beneficiaries and heirs by offering representation in litigation, contesting will amendments, and safeguarding their interests to ensure their rightful distribution of assets.

Spouses

Surviving spouses typically have unique rights in the probate estate administration process. If you feel these rights are being infringed upon, our Dallas probate estate attorneys can assist you in understanding your legal options and navigating disputes. We can support with counsel for spousal claims, represent you in litigation, and more by building a winning strategy to secure access to the inheritance in which you are entitled.

Creditors

Creditors with unresolved debts from an estate must follow specific legal processes to assert a claim. However, if you believe your claim has been mishandled or wrongfully denied, our probate litigation attorneys in Dallas can support you in building a strategy to pursue what’s rightfully yours.

Ready to Get Started? We're Here to Help.

Get trusted guidance and resolution in your probate litigation case – contact our Dallas probate lawyers today for a free consultation.

Dallas Probate Courts

The Dallas County Probate Courts are a probate court system created by state statute and headed by elected judges. A probate court generally overlooks the following processes:

Probates the wills of deceased persons
Declares the heirs of deceased persons who die without a will
Facilitates guardianships for incapacitated persons and minors
Oversees court-ordered involuntary mental health commitments in Dallas County

A probate court has jurisdiction to hear lawsuits that pertain to the estate of a decedent or ward as well as actions by or against a personal representative of a decedent’s or ward’s estate. Cases in the probate court may cover a wide spectrum of subject matters, including product liability to fiduciary litigation and medical malpractice to family law.

Probate Courts in Dallas

Probate litigation cases are overseen by the court with jurisdiction over cases that take place in Dallas County, which includes the city of Dallas and the surrounding metro area. In Dallas County,

The Probate Court No. 1

Presiding Judge Julia R. Malveaux

Associate Judge Mary Jayne McNeil

Renaissance Tower
1201 Elm Street
Suite 2400-A
Dallas, TX 75270

Probate Court No. 2

Presiding Judge Ingrid M. Warren

Associate Judge Ryan Trobee

Renaissance Tower
1201 Elm Street
Suite 2200-A
Dallas, TX 75270

Probate Court No. 3

Presiding Judge Margaret Jones-Johnson

Associate Judge Tomi Shehan

Renaissance Tower
1201 Elm Street
Suite 2200-B
Dallas, TX 75270

Dallas Will And Estate Legal Forms

Many trust disputes can be avoided with proper estate planning and communication between the trust creator, trustees, and beneficiaries. It is highly advisable to consult with an estate planning attorney to discuss your goals and any potential issues you foresee. A qualified estate planner can answer your questions and provide you with the information you need to determine if you need to work with an attorney or if you can create, update, or amend a trust or will on your own.

If you choose to proceed on your own, here are some resources provided by the Texas State Law Library you may want to consider.

Why Hire RMO Lawyers

The team at RMO is regarded among the best and brightest probate dispute attorneys in the country. By taking a person-first approach to every case and leading with integrity and compassion, we help our Dallas clients get better real-world results sooner. With genuine care and attention for each client, we never lose sight of their goals and their best interests, protecting people and defending legacies.

All of our work is centered on our core values:

Lead with Integrity
Precision-Driven Results
Stronger Together

Our Dallas attorneys put these values into practice every day by taking the time to genuinely listen to you, understand the family dynamics surrounding your case, and gather all the facts of your situation. With close and compassionate guidance, we’ll create a winning strategy to help you achieve the best possible outcome and bring relief.

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Free Consultation

A member of the RMO Client Relations team will reach out to gather additional information concerning the parties to your case and schedule your consultation.

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