Probate litigation. Two words that tend to stir up stress, especially if you’re in the middle of grieving or trying to settle someone’s estate in Texas. I’ve seen folks go into this process thinking it’s a quick paperwork shuffle—only to find themselves tangled in court dates, contested wills, and a ton of legal lingo. So, if you’re staring down probate litigation or just trying to avoid it altogether, let me break it down for you like I would for a close friend over coffee.
What Is Probate Litigation, Anyway?
Think of probate litigation as the courtroom side of settling an estate. It’s what happens when someone challenges a will, questions the executor’s actions, or disputes how assets should be divided. In Texas, probate usually goes pretty smoothly, thanks to the state’s independent administration system. But when there’s a fight—over money, property, or even family heirlooms—litigation comes into play.
And let me tell you, it’s not just the rich and famous who wind up in probate court. I once had a client—a single mom from Lubbock—who had to fight for her late father’s small home because a distant cousin popped up with a mysterious “new” will. That case dragged on for months.
Common Causes of Probate Disputes in Texas
Most of the probate disputes I’ve come across fall into one of a few buckets:
- Will Contests – Someone claims the will is invalid due to fraud, undue influence, or lack of capacity.
- Executor Misconduct – Accusations that the executor is mismanaging the estate, being dishonest, or dragging their feet.
- Heir Disputes – Family members argue about who gets what, especially if the will is vague or nonexistent.
- Creditor Claims – Someone comes out of the woodwork claiming the deceased owed them money.
All of these can spark litigation. And once you’re in it, it’s not just emotionally draining—it can burn through estate assets fast.
Texas-Specific Probate Nuances You Should Know
Here’s where Texas law throws in some curveballs (because of course it does):
- Independent Administration: In many cases, executors can handle the estate without much court supervision. But if there’s a dispute? Boom—you’re in litigation territory.
- Muniment of Title: If there’s a valid will and no debt, you might skip the whole probate process by using this shortcut. But if someone contests that will? It’s not an option anymore.
- Statute of Limitations: You typically have two years from the date the will is admitted to probate to contest it. Miss that window and you’re likely out of luck.
Trust me, deadlines in probate aren’t suggestions—they’re hard stops.
How Virtual Paralegals Can Help Keep You Sane (and Save You Time)
Here’s the good news: you don’t have to go it alone. At The Greg Hall Law Firm, we help clients across Texas—remotely—navigate this maze. Whether it’s drafting probate pleadings, organizing discovery for litigation, or just helping you understand what “letters testamentary” even mean, we’ve got your back.
One of our clients in El Paso was dealing with a contested will, and with everything happening virtually, she didn’t have to travel or miss work. We coordinated filings, kept her looped in, and worked alongside her attorney to streamline the process.
Tips to Avoid Probate Drama (If You Still Have Time)
If you’re not in the thick of litigation yet, here’s some advice that could save your future self a lot of stress:
- Keep your will updated – Don’t let a 20-year-old document decide who gets your stuff.
- Be specific – Vague language in a will is like kindling for family fights.
- Choose the right executor – Pick someone responsible, not just the oldest sibling.
- Store your documents wisely – A missing will is an open door to probate chaos.
When to Bring in Reinforcements
If things are getting heated—or if you just feel lost—don’t wait until it’s too late. An attorney is crucial for contested cases, but a virtual paralegal can lighten the load and reduce costs significantly. We collaborate with law offices and individuals alike, offering behind-the-scenes support that can make a world of difference.
Whether you’re drafting your own documents or assisting your attorney with court filings, our virtual team at The Greg Hall Law Firm is here to help—from wherever you are in Texas.