What Happens When an Estate Is Contested in Texas?
A disagreement over an estate can stop a simple probate case from moving forward. A relative may question the will or object to the person chosen to manage the estate. Other disputes concern property ownership or the way an executor is handling assets. A Texas estate planning lawyer can explain the court process and help protect the person’s rights while the dispute is pending.
What Does It Mean to Contest an Estate?
An estate contest is a formal objection filed in probate court. Texas law allows a person interested in an estate to file written opposition before the court decides the disputed issue. An interested person may include an heir or beneficiary. A spouse or creditor may also qualify when the person has a legal interest in the estate.
A contest does not succeed merely because someone dislikes the will. The person filing the challenge must have standing and a valid legal basis. The probate court may decide standing before considering the larger dispute.
Why Might Someone Challenge a Will?
A person may argue that the deceased person lacked testamentary capacity when the will was signed. This means the person did not understand enough about the document or the property being given away.
Another claim may involve undue influence. The contestant may allege that someone used improper pressure that overcame the deceased person’s free choice. A will may also be challenged because it was forged or because it was not signed with the formalities required by Texas law.
Family conflict alone does not prove that a will is invalid. Medical records and witness testimony may become important. Earlier estate documents can also help show what the deceased person intended.
When Must a Will Contest Be Filed?
Timing depends on whether the will has already been admitted to probate. Before the court decides an issue, an interested person may file written opposition in the existing probate proceeding.
After a will has been admitted, Texas generally allows an interested person two years to file a suit contesting its validity. A narrow exception applies when forgery or other fraud is discovered later. An incapacitated person may also receive additional time after the disability is removed.
Waiting can create other problems even when a deadline has not passed. Estate property may be sold or distributed. Records can become harder to locate. A person who accepts benefits under a will may also face a defense that prevents a later challenge if the acceptance conflicts with claiming that the will is invalid.
What Happens While the Contest Is Pending?
The court may delay a final decision about the will while the parties exchange documents and gather evidence. Each side may take depositions or request records. The court may hold hearings before the case reaches trial.
The estate still needs protection during the dispute. If a contest over the will or appointment is pending, the court may appoint a temporary administrator. That person receives only the powers needed under the appointment order and serves while the court resolves the dispute.
A contested case can increase costs and slow distributions. The parties may discuss settlement or mediation. Any agreement should clearly address how estate property will be divided and who will pay expenses.
Can Someone Challenge the Executor Without Attacking the Will?
Yes. A beneficiary may believe the will is valid but object to the executor’s conduct. The person might seek an accounting or ask the court to enforce the will. Serious misconduct may support a request to remove the executor.
This is different from asking the court to invalidate the will. Texas courts have recognized that accepting a benefit under a will does not automatically prevent a beneficiary from challenging how the executor is administering the estate. A Texas estate planning lawyer can help identify which type of claim fits the situation.
Contact Coleman Jackson, P.C. Today
Estate disputes often involve strict filing rules and emotional family conflict. The first step is to identify what is being challenged and whether the person has standing. The available records should then be reviewed before property is distributed.
Speak with a Texas estate planning lawyer at Coleman Jackson, P.C. if you need to contest a will or respond to an estate challenge. Fill out the online form or call (214) 599-0431 to discuss the dispute and the next steps in the Texas probate process.
This law blog is written by attorneys at Coleman Jackson, P.C., which is located at 6060 North Central Expressway, Suite 620, Dallas, Texas 75206 for educational purposes; it does not create an attorney-client relationship between this law firm and its reader. You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.
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