Imagine gathering with your family after your parent’s passing. You’re preparing to honor their wishes and settle their estate when your younger sister raises their concerns. She believes that your brother pressured your parent into changing their will in their final months. What should have been a time of healing then becomes a legal battle for your family.
This scenario plays out more often than you think and leaves your family in a difficult position while the Texas courts figure out the truth. Thus, when you face a contested probate, you need to understand how it affects both your inheritance and your family’s future.
What is a contested probate?
A contested probate occurs when someone challenges the validity of a will or questions how the estate is being managed. You might encounter this situation for several reasons:
- If a family member questions whether your loved one had the mental capacity to sign the will
- If a family member suspects another person influenced the deceased unfairly
- If disputes arise over how the executor distributes the assets
These challenges usually stop the probate process until the court resolves the issues.
How long do probate contests last?
Unfortunately, probate contests rarely resolve quickly. While a standard probate case in Texas might take around six months to a year, probate contests usually last much longer.
You could wait anywhere from one year to three years depending on the complexity of the dispute being resolved. During this time, your loved one’s estate remains in limbo, and you cannot access your inheritance until the end of probate.
What happens to the heirs during this time?
Most of the time, this waiting period creates several challenges that you’ll face throughout the contested probate process. Understanding how these could impact you can help you prepare for what lies ahead:
- Delayed inheritance: The money or assets you expected to receive remains frozen until the court reaches a decision.
- Increased cost: Attorney fees, court costs and witness expenses all chip away at the estate’s value, reducing what you will eventually receive.
- Strained family relationships: You and your family members may stop speaking to each other, holiday gatherings become uncomfortable and these rifts sometimes never heal.
- Forfeited inheritance risk: Texas law allows no-contest clauses. This means that if you challenge a will and you lose, you also forfeit your right to your inheritance.
Facing these challenges can feel overwhelming, but you don’t have to navigate this complex waiting period alone.
Navigate this period with confidence
Working with an experienced probate attorney helps you understand your rights and options. They can guide you through complex probate procedures and help you make informed decisions about whether to contest or defend a will.
While this time can feel overwhelming, having professional guidance helps you navigate this process with greater confidence and clarity.
