Houston Probate Litigation Attorneys

Understanding Probate in Texas

What Is Probate?

Probate is the court-supervised process of legally recognizing a person's death, collecting and securing their assets, paying debts and claims, and distributing what remains to the rightful beneficiaries or heirs.

Probate includes estates for people who died with a Last Will and Testament (they died "testate") and for people who died without a will (they died "intestate"). In testate cases, beneficiaries are typically identified in the will. In intestate cases, the deceased person's "heirs at law" – usually their surviving spouse, children, or other family members – inherit according to Texas law.

The probate process is handled by a local court in the county where the deceased lived. Some counties have dedicated probate courts; others have mixed jurisdiction courts handling probate alongside other matters.

How Long Does Probate Take?

An uncontested probate administration for someone who died testate (or, with a will) and with no significant assets, typically takes six months to one year. However, when disputes or complexities arise – such as will contests, executor removal proceedings, or unwinding business interests – the process can take significantly longer.

There is no deadline by which an estate must be completed in Texas, though executors or administrators can be ordered to provide an accounting if an estate remains open beyond 15 months.

What Happens During the Probate Process?

In an uncontested case, the typical steps are:

1. Filing documents. An application to probate the estate is filed with the court, along with the original will (if one exists)
2. The hearing. The judge determines the will's validity (if applicable), declares the heirs at law, and appoints the personal representative (executor or administrator)
3. Oath and bond. The personal representative files a sworn oath and may be required to post a bond
4. Letters Testamentary/Administration. The court issues documents authorizing the personal representative to act on behalf of the estate
5. Notice to creditors. Public notice is published, and certain creditors receive direct written notice
6. Inventory and appraisement. Within 90 days, the personal representative must document all estate assets and their values
7. Payment of debts. Valid debts and claims are paid from estate funds
8. Distribution. Remaining assets are distributed to beneficiaries or heirs, and the estate is closed

This process doesn't always go smoothly – and that's where a probate litigation attorney comes in.

When You Need a Probate Litigator vs. an Estate Planning or Probate Attorney

Most people don't realize that estate administration attorneys and probate litigators do very different jobs. Probate or estate administration attorneys help you navigate the probate process when it is uncontested; probate litigators fight for you when someone challenges your rights or unfairly threatens your legacy.

Here's how to tell which type of attorney you need:

Probate Litigator

A probate litigator is a trial attorney who represents clients when disputes arise during probate or trust administration. They handle:

• Will contests and challenges to testamentary capacity
• Allegations of undue influence or fraud
• Executor or trustee removal proceedings
• Breach of fiduciary duty claims
• Disputes over asset valuation or distribution
• Guardianship disputes and termination proceedings
• Trust litigation and modification
• Contested accountings
• Creditor disputes

When to hire one: When there's disagreement, suspected wrongdoing, or the need to protect your inheritance rights through litigation.

Probate or Estate Administration Attorney

A probate attorney, also known as an estate planner or estate administration attorney, helps executors and administrators navigate the routine probate process. They handle:

• Preparing a will or trust
• Filing probate applications and paperwork
• Guiding executors through their administrative duties
• Preparing inventories and accountings
• Facilitating uncontested asset distributions
• Handling straightforward estate closings

When to hire one: An estate planner is hired during a person’s life to advise and prepare their estate planning documents, like a will, trust, power(s) of attorney, or medical directives. An estate administrator is hired after a person dies to help their loved ones or heirs probate their estate. 

Why This Distinction Matters

Probate litigation requires different skills than estate administration. While a general probate attorney focuses on paperwork and compliance, a probate litigator must:

• Conduct discovery and gather evidence
• Take and defend depositions
• Engage expert witnesses (forensic accountants, medical experts, handwriting analysts)
• Navigate complex procedural rules
• Try cases before judges and juries
• Handle appeals

At Hendershot Cowart P.C., we focus exclusively on probate and fiduciary litigation. We step in when trusts and estates become contentious, representing clients who need aggressive advocacy to protect their rights.

Common Probate Disputes We Handle

We handle a wide range of probate litigation matters, including these types of disputes:

Regarding the Will:

• Someone is challenging the validity of the will
• You suspect the will was forged or improperly executed
• You believe the deceased lacked mental capacity when signing the will
• There are allegations of undue influence by a caregiver, family member, or advisor
• Multiple versions of the will exist, creating confusion about the deceased's true intentions
• The will was changed or created shortly before death under suspicious circumstances

Regarding the Executor or Trustee:

• The executor is not communicating with beneficiaries
• Estate assets are disappearing or being mismanaged
• The executor is showing favoritism to certain beneficiaries
• You suspect self-dealing or conflicts of interest
• The executor refuses to provide accountings or inventories
• Estate funds are being used for the executor's personal benefit
• The executor is unreasonably delaying distributions

Regarding Beneficiaries and Heirs:

• Disputes over who qualifies as an heir under Texas law
• Disagreements about asset valuation or distribution methods
• Claims that certain assets should not be part of the estate
• Beneficiaries excluded from the will are challenging their disinheritance
• Disputes over the meaning of will or trust provisions

Regarding Creditors and Claims:

• Creditors are making fraudulent or inflated claims against the estate
• Disputes over whether debts are valid or legally enforceable
• Allegations that the executor is improperly paying or rejecting creditor claims
• Executors or administrator failing to pay a claim filed in an estate

Regarding Estate Asset Valuation:

• Disputes over the appraisal value of real estate, business interests, or collectibles
• Disagreements about whether assets should be sold or distributed in-kind
• Allegations that the executor is undervaluing assets to benefit certain parties
• Disputes over valuation methods for unique or hard-to-value assets

Regarding Business Interests and Closely-Held Companies:

• Disputes over the valuation of a family business or partnership interest
• Conflicts between business co-owners and estate beneficiaries over control and management
• Disagreements about whether the business should be sold, liquidated, or continue operating
• Questions about whether business assets belong to the estate or to surviving partners
• Disputes over buy-sell agreements, redemption rights, or successor provisions
• Conflicts about access to business records, accounts, and financial information
• Disagreements over the deceased's ownership percentage or profit-sharing arrangements
• Disputes over business debts, liabilities, and how they affect the estate's interest
• Claims that the executor lacks the expertise to properly manage or evaluate the business

Whether loved ones disagree on a decedent’s final wishes, or someone tries to take advantage of a vulnerable situation, our Houston probate litigation lawyers are here to help.

Protecting Your Rights When Probate Goes Wrong

If you're facing a will contest, suspect executor misconduct, or are involved in any probate or trust dispute, don't navigate these complex and sensitive legal issues alone.

Call us at (713) 783-3110 or contact us online to schedule a consultation with an experienced Houston probate litigation attorney.

We serve clients throughout Harris, Fort Bend, Montgomery, and Galveston Counties, providing competent and compassionate representation during difficult times.

Frequently Asked Questions

When Should I Hire a Probate Litigation Attorney?

As soon as you suspect that something may be amiss with your loved one’s estate or family trust, contact a probate litigator. 

Speaking to an experienced attorney does not necessarily mean you will end up in litigation. It does, however, mean that you will be apprised of your rights and be prepared to collect evidence and take the next steps should your suspicions prove accurate, or the matter remains unresolved.

Retaining a litigation attorney means that you have a probate attorney on your side, protecting your rights.

What Should I Look for When Hiring a Probate Litigation Attorney? 

Choose a probate litigation attorney familiar with the court system in the county where the estate or trust is located since each county in Texas has its own process and preferences for handling probate matters. More populated counties, such as Harris and Galveston Counties, contain statutory probate courts which exclusively handle probate matters. In other counties, probate matters may be handled by the county or district court.

The probate litigation attorneys at Hendershot Cowart P.C. handle cases throughout the greater Houston area, including Galveston, Harris, Fort Bend, and Montgomery Counties, covering communities such as Sugar Land, The Woodlands, West University, Bellaire, the Heights, Galveston, Clear Lake, Pearland, and Kingwood.

Why Should I Choose Hendershot Cowart P.C.?

We combine business law counsel with probate and fiduciary litigation experience, giving us deep expertise in this specialized area of law.

• Strong track record in will contests, executor removal, and trust litigation
• Client-focused approach with clear communication throughout your case
• Trial-ready attorneys prepared to take your case to court when necessary
• Local knowledge of Harris, Fort Bend, Montgomery, and Galveston County probate courts

We understand that probate disputes are often emotionally charged and involve important family relationships. We provide firm but respectful legal representation – alert to the personal nature of these matters.

Who Pays for a Probate Litigation Attorney?

The answer depends on the circumstances:

• If you're defending the estate as executor, attorney's fees can often be paid from estate funds, provided you're acting in good faith and in the estate's best interest.
• If you're a beneficiary challenging an executor or will, you may need to pay your own fees initially. Fee-shifting is possible in cases involving executor misconduct, where the court finds the executor breached their fiduciary duties.

During your consultation, we'll discuss fee structures and help you understand the financial aspects of your case.

Speak to an Experienced Probate Litigation Attorney in Houston Today

At Hendershot Cowart P.C., our attorneys focus exclusively on resolving estate and trust disputes – not drafting wills or preparing estate planning documents. When a will is contested, an executor is accused of not doing their job, or a beneficiary's rights are at stake, we are here to help you understand your options and protect your interests.

No matter how difficult your case – or how complex the family dynamics – please call us at (713) 783-3110 or contact us online to schedule a consultation.