Contested Probate in Texas: How to Protect Your Inheritance When a Will Is Disputed
By Corpus Christi Probate Attorney R.F. Michael Snodgrass
When a loved one passes away, probate is supposed to be a straightforward legal process. Unfortunately, that is not always how it works. In many Texas estates, family members disagree, documents are questioned, or assets are mishandled, turning what should be routine probate into contested probate litigation.
If you are facing a probate dispute in Corpus Christi, Nueces County, or South Texas, understanding your rights, and acting quickly, can make the difference between protecting your inheritance and losing it.
This guide explains what contested probate is, why disputes arise, how Texas courts handle them, and when you need an experienced contested probate attorney.
What Is Contested Probate in Texas?
Contested probate occurs when an interested party formally challenges some aspect of a probate case. Unlike uncontested probate, where everyone agrees, contested probate involves litigation in probate court.
Common probate disputes include:
Challenging the validity of a will
Disputes over executor conduct
Claims of undue influence or lack of capacity
Conflicts over inheritance rights
Creditor disputes, including Medicaid Estate Recovery Program (MERP) claims
Once a probate becomes contested, it is no longer a paperwork exercise—it becomes a lawsuit governed by the Texas Estates Code and the Texas Rules of Civil Procedure.
Most Common Reasons Probate Becomes Contested
1. Will Contests
A will may be challenged if it was:
Not properly executed
Signed under undue influence
Created when the testator lacked mental capacity
Forged or altered
Texas law places strict deadlines on will contests. Waiting too long can permanently bar your claim.
2. Executor or Administrator Misconduct
Executors owe fiduciary duties to beneficiaries. Disputes often arise over:
Self-dealing
Failure to disclose assets
Delays in administration
Improper distributions
Failure to pursue or defend claims (including MERP)
3. Family Conflicts and Blended Families
Second marriages, stepchildren, and unequal inheritances are some of the most common triggers for contested probate in Texas.
4. Creditor and MERP Disputes
Even modest estates can become contested when creditors assert claims, especially Medicaid Estate Recovery Program (MERP) claims against a homestead.
Who Has Standing to Contest a Probate Case?
Only “interested persons” may bring a probate contest, including:
Beneficiaries named in the will
Heirs under intestacy law
Creditors with a financial interest
Executors or administrators
Texas courts strictly enforce standing rules. If you do not qualify as an interested person, your case will be dismissed.
How Contested Probate Works in Texas Courts
Once a probate becomes contested:
A formal pleading is filed
Discovery begins (documents, depositions, subpoenas)
Temporary orders may be requested
Mediation is often required
The case proceeds to trial if not resolved
Contested probate cases can last months or even years, depending on complexity.
Can You Still Have Independent Administration in a Contested Probate?
Yes, sometimes.
Texas strongly favors independent administration, but disputes can:
Delay appointment
Require court supervision
Result in removal of an executor
Convert the estate to dependent administration
Strategic early litigation decisions often determine whether independent administration can be preserved.
Why Contested Probate Is Different From Other Lawsuits
Probate litigation is unique because:
Deadlines are often shorter
The court has broad equitable powers
Evidence often relies on medical records and witness testimony
Family dynamics play a major role
Mistakes can permanently affect title to real property
This is not an area for general practice attorneys. Probate litigation requires focused experience.
At Snodgrass Law Firm, we focus on:
Will contests
Executor removal and defense
Inheritance disputes
MERP claim litigation
High-conflict probate cases
What Happens If You Do Nothing?
Failing to act can result in:
Loss of inheritance rights
Waiver of objections
Unchallenged executor misconduct
Creditor claims becoming final
Irreversible title transfers
Probate deadlines do not pause for family negotiations.
Frequently Asked Questions About Contested Probate in Texas
How long do I have to contest a will in Texas?
Deadlines vary. In many cases, you must act before the will is admitted to probate or shortly thereafter.
Can probate disputes be settled?
Yes. Many contested probate cases resolve through settlement or mediation.
Does contested probate cost more?
Yes, but failing to contest often costs far more in lost inheritance.
Speak With a Contested Probate Attorney Today
If you believe a will is invalid, an executor is mishandling an estate, or your inheritance is at risk, time matters.
Snodgrass Law Firm represents clients in contested probate cases throughout Corpus Christi and South Texas. We approach probate litigation strategically, aggressively, and with a focus on protecting what matters most.
👉 Schedule a confidential consultation today with our Corpus Christi Probate Law Firm.
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.
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 13, 2026.
