What Happens if There Are Disputes During Texas Probate?

 Posted on April 28, 2026 in Probate

When disputes come up during Texas probate, the court steps in to resolve them. Probate is the legal process of settling a deceased person's estate. Many cases go smoothly. However, disagreements between family members, creditors, or beneficiaries can slow things down or lead to formal legal battles. Texas law has a clear process for handling these situations. Having the right legal help makes a big difference in how they turn out. If your family is dealing with a probate dispute in 2026, a Somerville, TX probate lawyer can help you protect your interests and work toward a fair resolution.

What Are the Most Common Types of Probate Disputes in Texas?

Probate disputes can take many forms. Some involve disagreements over whether a will is valid. Others involve accusations that an executor is not doing their job. Still others involve arguments over how assets should be divided.

The most common types of disputes include:

• Will contests, where someone challenges whether the will was properly signed, witnessed, or whether the person who made it had the mental capacity to do so

• Undue influence claims, where someone argues that the deceased was pressured or manipulated into changing their will

• Executor misconduct, where a beneficiary believes the person managing the estate is acting dishonestly or not doing their job

• Disputes over how specific assets should be valued, especially real estate or a business

• Creditor claims that the beneficiaries believe are invalid or inflated

• Arguments among beneficiaries about how assets should be divided

Any of these issues can bring the probate process to a stop if they are not handled carefully.

What Is a Will Contest and How Does It Work in Texas?

A will contest is a formal legal challenge to a will. In Texas, a will contest must be filed within two years of the will being admitted to probate under Texas Estates Code § 256.204, and there can sometimes be an exception to this deadline if fraud or forgery are discovered. The person challenging the will has to have legal standing. That means they have to be someone who would benefit if the will were thrown out, such as an heir who would inherit under a prior will or under state law.

Common grounds for contesting a will include a lack of testamentary capacity, which means the person did not understand what they were doing when they signed the will; fraud; and failure to follow the formal rules for signing a valid will. If a will contest succeeds, the court may throw out the will entirely or go back to an earlier valid version.

What Can Happen if an Executor Is Not Doing Their Job During Probate in Texas?

An executor has a legal duty to manage the estate honestly and in the best interest of the beneficiaries. When an executor does not carry out those duties, interested parties can ask the court to step in. Under Texas Estates Code §§ 404.003 and 404.0035, a court can remove an executor for reasons such as failing to provide a required inventory or accounting, misapplying estate property, not following court orders, or grossly mismanaging the estate.

Even in independent administrations, beneficiaries and other interested parties can file a motion with the probate court requesting relief. They may ask for a formal accounting or seek removal of the executor. If the court agrees, it can remove the executor and appoint a replacement. If the executor has taken or misused estate assets, they can also face personal liability.

How Does Texas Handle Disputes Between Beneficiaries?

Disagreements between beneficiaries are common. They happen especially when a will is vague, when sentimental items are involved, or when one beneficiary feels they were treated unfairly. Many of these disputes can be resolved through mediation, where a neutral third party helps both sides reach an agreement without going to court.

Texas courts encourage mediation in probate disputes. It tends to be faster, cheaper, and less damaging to family relationships than a full trial. If mediation does not work, the probate court will hold a hearing and make a final decision.

What Happens When Creditor Claims Are Disputed During Probate?

When someone dies, creditors have the right to make claims against the estate for money owed. In Texas, creditors generally have four months from the date the executor gives notice to file their claims under Texas Estates Code § 355.060. If a beneficiary or executor believes a creditor's claim is invalid, inflated, or filed too late, they can formally reject it. The creditor then has to decide whether to take the claim to court.

Not all creditor claims are valid. Pushing back on the ones that are not can protect the estate's assets for the people who are supposed to receive them. An attorney can help figure out which claims are worth contesting.

Schedule a Free Consultation With Our Erath County, TX Probate Attorney

At The Law Offices of Rob Christian, our practice is built around giving families compassionate help during the most emotionally difficult times of their lives. Attorney Christian is a fierce advocate committed to protecting the people who need it most and fighting hard for fair outcomes. 

Call 682-936-4003 to schedule a free consultation with our Somerville, TX probate lawyer today. We are available 24/7.