What Is Contested Probate?
A probate becomes “contested” when one or more interested parties formally disputes some aspect of the estate administration. Common contested probate issues include:
Challenges to the validity of a will
Allegations of undue influence or coercion
Claims of lack of testamentary capacity
Disputes between heirs or beneficiaries
Accusations of executor or administrator misconduct
Disagreements over asset distribution
Disputes involving non-probate assets and beneficiary designations
Contested probate cases are handled in Texas probate courts and often involve discovery, hearings, and sometimes trial.
Grounds for Contesting a Will in Texas
Under Texas law, a will may be contested for several reasons, including:
Lack of Testamentary Capacity
The testator must have understood the nature of their property, the natural objects of their bounty, and the effect of signing the will.
Undue Influence
A will may be invalid if someone exerted improper influence that overcame the testator’s free will.
Improper Execution
Texas law has strict requirements for how a will must be signed and witnessed.
Fraud or Forgery
Any deception or falsification related to the will may render it invalid.
Executor and Administrator Disputes
Executors and administrators owe fiduciary duties to the estate and its beneficiaries. Contested probate often arises when a personal representative:
We represent both beneficiaries seeking accountability and executors defending against unfounded claims.
Why Contested Probate Requires an Attorney
Unlike uncontested probate, contested matters involve strict deadlines, procedural rules, and evidentiary requirements. Mistakes can permanently affect your inheritance or expose you to liability.
An experienced contested probate attorney can:
Evaluate the strength of your claim or defense
Preserve evidence and meet statutory deadlines
Conduct discovery and depositions
Negotiate settlements when appropriate
Represent you in probate court
Why Choose Snodgrass Law Firm
Focused experience in Texas probate disputes
Direct access to your attorney
Clear communication and practical advice
Strategic approach to litigation and settlement
We understand that contested probate matters are personal, emotional, and financially significant. Our goal is to protect your interests while working toward a resolution that makes sense for your situation.
If you need to appeal a will contest decision, appeal an executor removal, or appeal a probate court order, see our article “Appealing a Contested Probate Case in Texas.”
Serving Corpus Christi and South Texas
Snodgrass Law Firm represents clients in contested probate cases in Corpus Christi, Nueces County, and surrounding areas throughout the Coastal Bend. Contact Snodgrass Law Firm, PLLC today to schedule a consultation and learn how experienced legal representation can make a meaningful difference in your probate matter. Please email us at info@snodlaw.com or call or text us at 361-239-8332 to set up a consultation at our office, by phone, or on Zoom.