When a loved one passes away, disputes can arise about the contents of a will, the handling of an estate, or the decisions of a trustee. These disagreements often lead to estate litigation—a legal process involving the court’s intervention to resolve issues related to the estate.
A Texas estate litigation attorney can guide families and beneficiaries through this process, which typically follows a defined path.
While each case is unique, most estate litigation matters go through several common steps. Understanding these stages can help people prepare for what lies ahead and make informed choices about how to move forward. Learn more from Bloodworth Law Firm, P.L.L.C.
1. Hiring An Estate Litigation Attorney
The first step in the process is retaining an estate litigation attorney with experience handling will contests, trust disputes, breach of fiduciary duty claims, and other probate issues. The attorney’s role is to assess the facts, gather initial documents, and provide guidance about legal standing, claims, defenses, and possible outcomes.
Litigation often begins with questions like:
Was the will valid?
Did the decedent have capacity when the will was signed?
Was there undue influence or fraud?
Has the executor mishandled assets or failed to act?
Once hired, the attorney will review the relevant estate planning documents, court filings, and financial records. Early legal advice can prevent procedural mistakes and keep the process moving as efficiently as possible.
2. Filing The Initial Pleadings
Estate litigation starts formally when a petition is filed with the probate court. The specific type of petition depends on the nature of the dispute. For instance:
A will contest may involve a petition challenging the validity of a will.
A trust dispute might involve a complaint about a trustee’s actions.
A breach of fiduciary duty claim may focus on mismanagement or self-dealing.
Once filed, the opposing party receives notice and has a set time to respond. This back-and-forth is critical—it frames the legal arguments and narrows down what the court will ultimately decide.
An estate litigation attorney helps craft the initial pleadings with care, knowing they set the tone for the rest of the case.
3. Court Proceedings And Temporary Orders
In some cases, urgent matters arise that require immediate court attention. An estate litigation attorney may request a hearing for temporary orders to freeze assets, remove an executor, or protect a beneficiary’s rights. These interim actions can preserve the estate while the dispute moves forward.
At this point, the court may appoint a guardian ad litem to represent the interests of minor or incapacitated parties. The judge may also schedule status hearings to check progress and encourage settlement.
Probate courts in Texas follow strict procedures and deadlines. Missing a filing date or misrepresenting information can result in serious consequences. That’s why representation from an experienced estate litigation attorney can be so valuable in keeping the process on track.
4. Discovery Phase
Discovery is a key stage in estate litigation. Both sides collect and exchange information, documents, and testimony to support their claims or defenses. This often includes:
Interrogatories: Written questions each party must answer under oath.
Requests for production: Demands for documents such as account statements, emails, or letters.
Depositions: Oral testimony given under oath, recorded by a court reporter.
Discovery can reveal whether a will was drafted under suspicious circumstances or whether a trustee has been mishandling assets. It can also uncover the decedent’s mental state, relationships, and financial history.
An estate litigation attorney plays a central role in this phase—preparing clients for depositions, reviewing evidence, and pushing for full disclosure from the opposing party. Discovery can make or break a case, so thorough preparation is critical.
5. Mediation And Settlement Negotiations
Most Texas probate courts encourage or require mediation before proceeding to trial. Mediation is a private meeting where both parties try to reach a compromise with the help of a neutral third party. While not always successful, mediation often helps resolve disputes faster and with less expense than trial.
During mediation, each party presents their side and discusses possible resolutions. These might include:
Modifying the distribution of assets
Replacing a trustee or executor
Agreeing on a buyout or reimbursement
Adding transparency measures for future trust administration
The goal is to find common ground without a judge deciding the outcome. A skilled estate litigation attorney can negotiate firmly while keeping emotions in check and looking out for their client’s long-term interests.
If mediation leads to an agreement, the court may approve and formalize the settlement. If not, the case moves forward to trial.
6. Preparing For Trial
When settlement efforts fail, the case proceeds to trial. This stage involves gathering final evidence, identifying witnesses, drafting legal briefs, and developing a trial strategy.
Trials in probate court are different from criminal or civil cases. A judge—not a jury—usually decides the outcome. The trial focuses on facts, documents, testimony, and legal arguments related to the specific probate issues at hand.
Examples of issues decided at trial include:
Whether a will is legally valid
Whether a fiduciary breached their duty
Whether the terms of a trust should be reformed
Each side presents opening statements, examines witnesses, introduces evidence, and makes closing arguments. The judge then issues a ruling, which can include financial damages, removal of an executor or trustee, or instructions for asset distribution.
Because trial preparation is intensive and the outcome uncertain, having an experienced estate litigation attorney becomes even more important during this phase.
7. Appeals And Post-Trial Motions
If one party disagrees with the court’s decision, they may file a post-trial motion or appeal. Post-trial motions ask the judge to reconsider or correct parts of the ruling. Appeals ask a higher court to review the judge’s interpretation of the law or handling of the trial.
In Texas, appeals must be filed within strict timeframes, usually within 30 days of the judgment. The appellate court does not hear new evidence. Instead, it reviews the trial record for legal errors that could justify overturning or modifying the ruling.
Appeals can take months or longer, and they often involve detailed legal writing and analysis. A knowledgeable estate litigation attorney helps clients decide whether an appeal is worth pursuing and represents them if they choose to go forward.
8. Administering The Final Judgment
Once a judgment is final—either through trial or settlement—it must be carried out. This step involves distributing assets, removing or appointing fiduciaries, transferring titles, or recovering funds.
In some cases, a judgment requires ongoing oversight, such as court-monitored trust administration or periodic accountings. An estate litigation attorney can help implement the judgment and handle any new disputes that arise during this final phase.
This part of the process is just as important as the litigation itself. If the judgment isn't carried out properly, it could lead to further legal action or financial loss. Legal guidance helps avoid mistakes and confirms that the estate is handled according to the court’s decision.
Other Considerations In Texas Estate Litigation
Texas probate law includes unique features that may affect how litigation unfolds. For example:
Texas courts recognize independent administration, which gives executors more freedom than in other states.
The state allows “pre-mortem” validation of wills under certain conditions.
Courts may consider “no-contest” clauses, though they're not always enforceable.
An experienced estate litigation attorney in Texas understands these nuances and can use them to build a stronger case or resolve disputes efficiently.
Each dispute also brings its own emotional weight. Estate litigation often involves family conflict, grief, and longstanding resentment. A good attorney not only provides legal guidance but also helps clients make clear-headed decisions in the midst of difficult situations.
Speak With A Texas Estate Litigation Attorney
If you're facing a disagreement about a will, trust, or estate administration, time is critical. Disputes can escalate quickly, and probate deadlines don’t wait. Speaking with a qualified estate litigation attorney can help clarify your rights, protect your interests, and guide you through the legal process from start to finish. Serving Conroe, Huntsville, The Woodlands, and Livingston, Bloodworth Law Firm, P.L.L.C. is here to help. Call today.
