Appealing a Contested Probate Case in Texas
By Corpus Christi Probate Appeals Attorney R.F. Michael Snodgrass
When a probate case turns contested, emotions run high, and mistakes happen. If a Texas probate judge has issued a ruling you believe is wrong, an appeal may be your last and most important opportunity to protect your inheritance or executor rights.
This guide is written for families and fiduciaries in Corpus Christi, Nueces County, and South Texas who are searching for answers after a contested probate ruling. It focuses on what to do before calling a probate appeals lawyer, so you can preserve your rights and avoid irreversible errors.
What Is a Contested Probate Appeal in Texas?
A contested probate appeal occurs when a party challenges a probate court’s final order or judgment, such as:
Admitting or rejecting a will
Determining heirs or beneficiaries
Removing or appointing an executor or administrator
Interpreting ambiguous will provisions
Rulings on undue influence, lack of capacity, or fraud
Probate appeals are not do-overs. Texas appellate courts do not hear new witnesses or consider new evidence. Instead, they review whether the probate court made legal or procedural errors.
Is the Probate Order Appealable?
Before calling an appeals lawyer, the first question is:
Is this a final, appealable probate order?
Texas probate cases are unique. Some orders are immediately appealable, even while the probate case continues. Others are not.
Common appealable probate orders include:
Orders admitting or denying a will
Orders determining heirship
Orders removing an executor or administrator
Final judgments resolving contested claims
Missing this distinction can permanently waive your right to appeal.
Critical Deadline: Texas Probate Appeal Timelines
Deadlines are unforgiving in probate appeals.
In most Texas probate cases:
A Notice of Appeal must be filed within 30 days of the order
This can extend to 90 days if certain post-judgment motions are timely filed
In Nueces County and across South Texas, courts strictly enforce these deadlines. If you miss them, the appeal is over - no matter how unfair the ruling may be.
What to Do Immediately After a Contested Probate Ruling
Before calling a lawyer, take these steps immediately:
1. Obtain a Signed Copy of the Order
Appeal deadlines run from the date the judge signs the order, not when you receive it.
2. Identify Exactly What the Judge Decided
Appeals turn on specific rulings, not general dissatisfaction. Highlight:
Findings of fact
Conclusions of law
Any objections you raised
3. Preserve the Record
Texas appeals rely on the clerk’s record and reporter’s record.
If hearings were not recorded or exhibits were not admitted, appellate options may be limited.
Why Probate Appeals Are Different From Trial Litigation
Many trial lawyers do not handle appeals.
Probate appeals focus on:
Error preservation
Standards of review
Appellate briefing
Statutory interpretation
Hiring the wrong lawyer—or waiting too long—can doom an otherwise strong appeal.
Common Grounds for Appealing a Contested Probate Case
Legal Errors
Misapplication of the Texas Estates Code
Improper burden of proof
Incorrect jury instructions
Procedural Errors
Denial of due process
Improper exclusion of evidence
Failure to hold required hearings
Insufficient Evidence
No evidence or legally insufficient evidence supporting the ruling
Not every unfavorable ruling is appealable. A probate appeals lawyer evaluates whether reversible error exists.
What NOT to Do After a Probate Court Ruling
Before speaking with an appeals lawyer, do not:
Assume the trial lawyer will handle the appeal
Miss filing deadlines
Destroy notes, exhibits, or communications
Contact the judge or opposing parties improperly
These mistakes frequently eliminate appeal options.
FAQ: Appealing a Contested Probate Case in Texas
How long does a Texas probate appeal take?
Most probate appeals take 9–18 months, depending on the court of appeals and complexity.
Can I appeal a probate case without a lawyer?
Technically yes, but probate appeals involve strict procedural rules. Errors often result in dismissal.
Does filing an appeal stop probate proceedings?
Not automatically. A supersedeas bond or court order may be required to pause enforcement.
Can I appeal only part of a probate ruling?
Yes. Appeals may challenge specific orders or rulings without appealing the entire case.
What court hears probate appeals from Nueces County?
Probate appeals from Nueces County are generally heard by the Thirteenth Court of Appeals.
When to Call a Texas Probate Appeals Lawyer
If you are facing an unfavorable probate ruling in Corpus Christi or South Texas, time is critical.
A probate appeals lawyer can:
Determine if the order is appealable
Calculate exact deadlines
Review the trial record for reversible error
Handle appellate briefing and argument
Talk to a Corpus Christi Probate Appeals Lawyer
Snodgrass Law Firm represents clients in Corpus Christi, Nueces County and throughout South Texas in contested probate appeals.
If a probate court ruling threatens your inheritance or fiduciary rights, early appellate review can make the difference between preserving your claim and losing it forever.
📞 Contact a Texas probate appeals lawyer as soon as possible to protect your appellate rights. For more information, see our Probate Appeals page.
Contact Snodgrass Law Firm, PLLC today to schedule a consultation and learn how experienced legal representation can make a meaningful difference in your probate appeal. 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.
This article is provided for general educational purposes and does not constitute legal advice. No attorney–client relationship is formed by reading this content.
Last updated January 14, 2026.
