What Are Your Rights in Probate Litigation?
Probate litigation can arise when disputes occur during the administration of a deceased person’s estate. These disputes often involve family members, heirs, or beneficiaries who question the validity of a will, how the estate is handled, or how assets are distributed. In Texas, probate law grants specific rights to those with a legal interest in the estate.
Understanding these rights helps individuals protect their interests and participate meaningfully in the process. At Russell Manning Law PLLC, I’ll outline the rights afforded during probate litigation, the types of disputes that typically occur, and how individuals can assert their legal standing when conflict arises.
An Intro to Standing in Texas Probate Disputes
Not everyone can file a claim or contest a will. To participate in probate litigation, a person must have legal standing. In Texas, standing is granted to individuals or entities with a financial or legal interest in the estate. This includes:
Heirs at law who would inherit if there were no valid will
Named beneficiaries in a prior or current will
Creditors with valid claims against the estate
Guardians, conservators, or legal representatives
Without standing, a court will likely dismiss any complaint filed. The first step in asserting rights during probate litigation is confirming that one has a recognized interest under Texas law.
Right To Contest the Validity of a Will
One of the most common probate disputes involves the validity of a will. Texas law permits interested persons to contest a will for several reasons, including:
Lack of testamentary capacity at the time the will was executed
Undue influence by another party
Fraud or forgery
Improper execution not meeting Texas formalities
A person contesting a will must present evidence within two years from the date the will is admitted to probate. This statutory deadline is strict. If the court finds the will invalid, it may revert to an earlier will or follow intestate succession rules.
Right To Demand a Proper Accounting
Beneficiaries and heirs have the right to request a full and accurate accounting of the estate. The executor or administrator is legally required to maintain detailed records of the estate’s assets, debts, disbursements, and income.
If a beneficiary suspects financial mismanagement or improper behavior, they may request a formal accounting. If the executor refuses, a court can compel them to provide one. This right is essential in uncovering misuse of estate property or self-dealing by the estate representative.
Right To Object to an Executor or Administrator
Heirs and beneficiaries may object to the appointment of a particular person as executor or administrator. Texas probate courts typically honor the choice of executor named in a valid will, but they may disqualify someone under certain circumstances.
A person may be disqualified if they:
Are convicted of a felony
Are not a resident of Texas and don’t have a resident agent
Have a conflict of interest with the estate
Exhibit misconduct or gross mismanagement
An interested party may also petition for the removal of an executor who has already been appointed. Courts in Texas require cause for removal, such as failing to perform duties, mismanaging assets, or breaching fiduciary duties.
Right To Receive Timely Notice and Information
During probate litigation, interested parties have the right to receive notices of all relevant proceedings. Texas law requires executors to notify known heirs and beneficiaries within 60 days of the will being probated. This notice includes a copy of the will and a statement regarding the right to contest.
Proper notice gives parties a chance to raise objections or initiate legal action. A failure to provide notice may result in delays or invalidate parts of the probate process.
Right To Challenge Non-Probate Transfers
Not all assets go through probate. Items such as life insurance, payable-on-death accounts, and jointly owned property with right of survivorship typically pass outside of probate. Still, parties can dispute these transfers under certain conditions.
A challenge may arise if there is evidence that:
A beneficiary designation was changed under pressure
The decedent lacked capacity at the time of the change
The transfer conflicts with the intentions stated in a will
Probate litigation may include these disputes if they affect the rightful inheritance of the estate’s beneficiaries or heirs.
Right To File Claims Against the Estate
Creditors have a specific role in probate. They’re entitled to submit claims for debts owed by the decedent. Texas law requires the executor to provide notice to known creditors and publish notice to unknown creditors in a newspaper.
Creditors must file claims within the timeframe established by the Texas Estates Code. If the estate disputes the validity of a claim, the creditor can initiate litigation to collect. Beneficiaries also have a right to oppose such claims if they believe they’re not legitimate.
Right To Petition for Removal of a Trustee
When a decedent leaves assets in a trust, disputes may involve the trustee’s conduct. Beneficiaries of a trust have a right to expect the trustee to act in good faith and in line with the terms of the trust instrument. If the trustee fails to meet these obligations, beneficiaries can petition for removal.
Common reasons for removal include:
Failing to distribute assets as required
Misusing or misappropriating trust funds
Failing to communicate with beneficiaries
Violating fiduciary duties
These actions fall under the court’s jurisdiction and may overlap with probate litigation when the trust is part of the decedent’s broader estate plan.
Right To Mediate or Settle Probate Disputes
Texas courts encourage the resolution of probate disputes through mediation. Interested parties have the right to enter into mediation voluntarily or under court order. Mediation can resolve issues related to will contests, trust disputes, or inheritance disagreements.
When parties reach an agreement through mediation, they may submit the settlement to the court for approval. This can reduce time, legal fees, and the stress of prolonged litigation. Importantly, mediation doesn’t require parties to give up their rights—it gives them a forum to resolve issues before trial.
Right To Inherit Under Intestate Succession
When there is no valid will, Texas law determines who inherits through intestate succession. Heirs under this system include spouses, children, parents, and other relatives in an order of priority. The surviving spouse’s rights depend on whether the property is separate or community and whether children are from the current or a prior relationship.
Heirs have the right to assert their claim and participate in probate proceedings when a will is invalid or absent. Probate litigation sometimes arises when one party claims to be a lawful heir and another disputes that claim.
Right To Request Supervised Administration
Texas allows for independent administration, which gives executors broad authority with limited court involvement. However, interested parties may petition for supervised administration when disputes or concerns arise.
In supervised administration, the court becomes more involved in decisions about asset sales, distributions, and accounting. This added oversight can protect the rights of beneficiaries and heirs when they suspect improper conduct or when estate matters are contested.
Right To Legal Representation During Litigation
Any party involved in probate litigation has the right to retain legal counsel. Legal representation can be vital in presenting arguments, challenging evidence, and protecting financial interests. Courts also allow out-of-state parties to participate through counsel, giving everyone a fair opportunity to be heard.
Individuals who feel their rights are being ignored or violated during the probate process should consider whether legal action is appropriate. A lawyer can help analyze evidence, develop a strategy, and represent their interests in mediation or court.
Probate Litigation in Texas Is Governed by State Law
Texas probate courts follow the Texas Estates Code and relevant case law. While counties may differ in court procedures, the rights of interested parties remain consistent statewide. Understanding these rights can help individuals act quickly and effectively when litigation becomes necessary.
Litigants should also be aware of deadlines. Many probate claims have strict statutes of limitations. Missing a deadline can bar someone from bringing an otherwise valid claim. Prompt action is critical when a dispute arises.
When Probate Litigation Involves Multiple Jurisdictions
Sometimes, probate disputes involve property in other states or heirs living outside Texas. In those cases, courts may coordinate with other jurisdictions to resolve matters affecting the estate. Texas courts have procedures in place for ancillary probate when out-of-state property needs to be addressed.
Interested parties still have rights in these proceedings, and courts must consider them before making decisions about distribution or title. Jurisdictional issues can add complications, but the underlying rights remain grounded in Texas law.
Protecting Rights in Probate
Probate litigation often involves personal and financial stakes that require attention to legal details. Texas law provides clear rights for those with an interest in an estate, whether they’re heirs, beneficiaries, or creditors.
To summarize, interested parties in Texas probate litigation have the right to:
Contest the validity of a will
Request a formal accounting
Object to or seek the removal of an executor or trustee
Receive proper notice of proceedings
Challenge non-probate transfers when justified
Participate in mediation or trial
Assert claims under intestate succession
These rights give individuals the tools to protect what they believe they’re entitled to receive. When disputes arise, acting quickly and with a full understanding of these rights is critical.
Probate litigation can be legally and emotionally challenging, but the structure of Texas law is designed to offer a fair and orderly resolution. When disagreements arise, understanding one's legal entitlements can make all the difference.
Call Russell Manning Law PLLC Today
If someone believes their rights are being overlooked during a probate case, they should consider seeking guidance from someone familiar with probate law in Texas. I serve Corpus Christi, the Coastal Bend area, South Texas, Kleberg County, Nueces County, Live Oak County, Jim Wells County, Aransas County, and Victoria County. Get in touch with me at Russell Manning Law PLLC to get started today.