Probate Litigation

Last updated on February 12, 2025

Probate litigation in Texas refers to legal disputes that arise in connection with the administration of an estate through the probate process. The probate process is the legal process of distributing a person’s assets after they die, and it can be complicated by disagreements among heirs, challenges to the validity of the will, and disputes over the distribution of assets.

Common reasons for probate litigation in Texas include:

1. Will contests. Beneficiaries or other interested parties may challenge the validity of a will, alleging that it was executed under duress or undue influence, or that the testator lacked the mental capacity to create the will.
2. Disputes over distribution of assets. Heirs or beneficiaries may disagree over how assets should be distributed. This can arise when there are ambiguities or inconsistencies in the will or when they believe that they are entitled to a larger share of the estate.
3. Breach of fiduciary duty. Executors and administrators have a fiduciary duty to act in the best interests of the estate’s heirs or beneficiaries and to administer the estate according to the terms of the decedent’s will and applicable provisions of Texas law. If an executor or administrator breaches this duty by mismanaging estate assets or acting in their own self-interest, an interested person may file a lawsuit to hold them accountable for damages.
4. Fraudulent transfers. Heirs and beneficiaries may allege that a transfer of assets made during a decedent’s lifetime was fraudulent and designed to deprive them of their rightful inheritance. Often, these transfers occur through the misuse of a power of attorney granted by the decedent to a third party prior to their death.
5. Claims against the estate. Creditors or other claimants may assert a claim against the estate, alleging that they are owed money by the decedent or that the decedent’s actions caused them harm.
6. Removal of an executor or administrator. An heir or beneficiary may request that a probate court remove an executor or administrator if they breach their fiduciary duties, engage in self-dealing, improperly manage estate assets, or fail to abide by the terms of the will or the provisions of the Texas Estates Code.
7. Disputes related to heirship determinations. A person may contest an application to determine heirship because they were omitted from the application as an heir or that they are entitled to receive a greater share of the estate than that which is listed therein. These disputes often arise in cases where a contestant claims to be the common-law spouse or equitably adopted child of the decedent.

Our Probate Litigators Have Zealously Advocated For Clients Throughout Texas

If you are involved in probate litigation in Texas, it is important to seek the assistance of an experienced probate litigation attorney. A skilled attorney can help you navigate the legal process and work to protect your interests.

The probate litigation process in Texas typically begins with filing a petition in court. The petition outlines the basis for the dispute and requests relief from the court, such as an order invalidating the disputed will, removing an executor, compelling an accounting of estate assets or resolving disputes over the distribution of assets. The parties involved in the dispute will then have an opportunity to present evidence and argue their case in court.

In Texas, probate litigation is governed by the Texas Estates Code and other state laws. The Estates Code provides guidance on how estates should be administered and outlines the rights and responsibilities of executors, administrators, heirs, and beneficiaries. It also provides procedures for resolving disputes through court proceedings.

In some cases, alternative dispute resolution methods such as mediation or arbitration may be used to resolve probate disputes outside of court. These methods can be less expensive and less time-consuming than going to court, and they can also allow the parties involved to maintain greater control over the outcome of the dispute.

Frequently Asked Questions About Probate Litigation

Probate litigation in Texas can be complex and time-consuming. It is important to seek the assistance of an experienced probate litigation attorney who can help you get answers to probate issues. Our team is here to answer your questions, and to get you started, here are some of the answers to questions our clients ask us the most:

How can I tell if there was undue influence in a will?

Undue influence means that a person may have manipulated a vulnerable person into altering their will. However, here are some signs that may indicate influence:

• The testator was isolated by the person who benefits from the will changes
• The testator disinherits close relations
• The testator expressed reluctance to the changes
• The changes were made without an attorney

Proving undue influence, especially if there is no evidence that the testator has a loss of mental capacity, is a major challenge.

Who can contest a will in Texas?

If you believe the will to be fraudulent in some way, you can pursue a will contest, provided you are “a person with an interest in the estate.” The law defines this as someone who is either a creditor or debtor to the estate, a close family member, a person who may have been previously willed something. The definition is intentionally broad to allow those invested in a person’s life to have a chance to pursue an inheritance they may deserve.

How can I tell if someone lacked testamentary capacity when their will was created?

The key point in any will contest or allegation of undue influence rests on the testator’s capacity to make decisions. This is a complex issue, and there is no one answer for every case. The declaration may hinge on the testimony of the deceased behavior at the time of any updates to the will, which may include:

• Erratic behavior
• Sudden changes in habits
• Giving up driving privileges

However, you must make a very compelling case to overturn a will that is properly executed. You will have to have significant irrefutable evidence. It is a challenge, but that doesn’t mean it cannot be done.

Is probate necessary for all Texas estates?

No, not all Texas estates go through probate. Estates that do not have a will and are valued at $75,000 or less may get around probate by filing an affidavit with the court to collect the property after 30 days after the death of the estate owner.

For many estates, however, probate is likely to occur for the majority of the estate’s asset. There are certain nonprobate assets that can pass directly to the decedent’s beneficiaries without having to go through the court first. Nonprobate assets may include certain bank accounts, life insurance policies, IRA accounts and any property that’s owned as joint tenants with rights of survivorship.

If you’re unsure whether certain assets will go through probate or not, it’s best to consult with a skilled probate attorney.

What are the costs associated with probate?

Going through probate is a lengthy and often expensive process. There are multiple costs associated with probate, including:

• Administration fees, which cover the costs for the court to complete paperwork, process the case and maintain records. In Texas, these fees can range from $500 to $5,000 or more depending on the size of the estate.
• Court fees, which cover the cost of the court to file for probate for the estate.
• Executor fees, which pay the executor or personal representative of the estate for their role in executing probate. In Texas, this fee is generally 1-5% of the estate’s value and must be approved by the court.
• Accounting fees, which cover the cost of preparing and filing the estate’s tax returns and accounts. This can cost anywhere between $1,000 and $10,000 or more, depending on the estate.
• Attorney fees, which pays the attorney for their legal representation throughout the probate process. This cost depends on how the attorney prefers to be paid; it can be a percentage of the estate or an hourly rate.
• Inventory and appraisal fees, which cover the cost of valuing the estate’s assets and generally range between $500 and $5,000 dollars in Texas.

As every estate is different, it’s difficult to know exactly how much probate will cost for you. In Texas, the average probate case costs between $5,000 and $20,000, and it depends greatly on the size and complexity of the estate.

Who is responsible for handling probate?

When someone dies, their executor or personal representative is responsible for handling the probate process. The executor is usually someone who has already agreed to the role and is named in the decedent’s will.

If no one is named in the will or there is no will, then someone will be named to act as the administrator of the estate and will handle the probate process the same as an executor.

What is the role of the executor or administrator?

If you’ve been named the executor or administrator of an estate, it’s crucial to understand the many responsibilities you might have. Handling the probate process may include:

• Locating the will and any other relevant documents
• Filing the will with the probate court
• Issuing notices of the death
• Collecting copies of the death certificate
• Opening a bank account for the estate to pay off any estate bills and receive any funds
• Identifying, collecting and valuing the estate’s assets
• Notifying creditors
• Paying off the estate’s debts
• Filing the estate’s taxes
• Resolving any disputes between heirs
• Distributing the assets to the beneficiaries as stated in the will

These are just some of the many duties that an executor must accomplish after someone’s death. You don’t have to go through this process alone. Our experienced attorneys are familiar with handling these complex duties and can guide you along the way.

Contact Us Today For A Free Consultation To Discuss Your Probate Litigation Matter

To schedule a meeting with one of our probate litigation attorneys at Aldrich Law Firm, PLLC, please call us at (210) 418-1150 or by completing the intake form on our website.