Probate is the legal process of settling a person’s estate after death. In many cases, it proceeds without issues. Disputes can arise, though, when family members or other parties disagree. When these disputes lead to probate litigation, the process takes longer. It also costs more. Thus, understanding these effects helps set realistic expectations.
Why probate litigation slows down the process
Probate litigation begins when someone files a legal challenge in court. This challenge may involve a will contest or a dispute over an executor’s actions. In Texas, a disagreement does not automatically stop the entire probate case. However, it often causes serious delays. Even simple estates can take several extra months once litigation starts. More complex cases may last a year or longer.
That’s because court involvement adds steps that slow the process. For example, judges must review motions, hold hearings and manage discovery.
Litigation may also delay distributions to heirs. Executors often withhold payments to avoid personal liability for overpaying beneficiaries. Texas law does not automatically block all distributions, though. A court order or specific circumstances, such as a pending partition application, usually must exist to stop the process entirely.
How litigation increases estate costs
Legal disputes almost always increase estate costs. Attorney fees rise because lawyers must prepare court filings and attend hearings. Parties may also pay for expert witnesses, such as doctors or financial professionals.
In Texas, the estate often pays the executor’s legal fees when the executor acts in good faith. As a result, litigation reduces the total amount available to heirs. If a court finds that an executor acted in bad faith or failed their duties, the executor may have to pay their own legal fees.
Understanding your options
Probate litigation can quickly extend timelines and increase costs. Knowing how disputes affect an estate allows families to plan and avoid surprises. Seeking legal guidance may also help families resolve disputes before they escalate into lengthy, costly court battles.