Heir Disputes and Probate Conflict: How to Handle Probate Disputes in Texas

Stephanie Fernald
Jun 19
2 min read

When a loved one passes away, families grieve. But sometimes, instead of coming together, conflict arises—especially over money, property, or the intentions of the deceased.

Probate disputes in Texas are more common than most people realize, and they often catch families off guard.

Whether you’re an executor, heir, or concerned family member, knowing how these disputes work—and how to resolve them—can help you protect your loved one’s legacy while avoiding unnecessary legal chaos.

Common Causes of Probate Disputes in Texas

Probate conflict often stems from uncertainty, unmet expectations, or strained family dynamics. Some of the most common triggers include:

🔹 Will Contests

One or more heirs may challenge the validity of the will, claiming:

The decedent lacked mental capacity
The will was signed under undue influence
There’s a newer version of the will
The will wasn't executed properly

🔹 Disagreements Over Asset Distribution

Even with a valid will, heirs may argue over:

Who gets what
Whether certain items or properties were promised informally
Interpretation of vague or conflicting terms in the will

🔹 Executor Misconduct

Executors have legal duties. When they:

Delay asset distribution
Mismanage funds
Favor one heir over another—lawsuits can follow.

🔹 Heirs Left Out or Disinherited

If a child or family member is left out of the will entirely, they may pursue litigation—especially if they suspect fraud, undue influence, or a mistake.

Legal Options for Resolving Probate Disputes

Probate litigation can be emotional and expensive—but in some cases, it’s necessary to ensure fairness and uphold the law.

🧾 File a Will Contest

If you believe a will is invalid or suspect manipulation, you can file a will contest in probate court within the legal deadline (usually 2 years in Texas).

🤝 Mediation and Family Settlement Agreements

Many Texas courts encourage or require mediation before going to trial. Mediation allows families to reach a private, negotiated agreement—saving time, money, and emotional stress.

📜 Seek Removal of an Executor

If an executor is violating their duties, an interested party can petition the court to have them removed and replaced.

🏛️ Court Intervention

For high-conflict situations, court litigation may be necessary to interpret the will, divide the estate, or determine rightful heirs through a process called heirship determination.