Probate litigation can delay estate distribution and create financial and emotional stress for beneficiaries. Disputes over a will, executor actions, or asset distribution can lead to lengthy court battles. Understanding how probate litigation affects estate distribution can help you prepare for potential challenges.
Delays in asset distribution
Probate litigation can significantly slow down the distribution of assets. When someone contests a will or challenges an executor’s decisions, the probate process halts until the court resolves the dispute. In Texas, probate courts must review evidence and hear arguments before issuing a decision, which can take months or even years. During this time, beneficiaries may not have access to their inheritance.
Increased legal and court costs
Estate litigation often leads to higher legal fees and court costs. The estate may have to cover attorney fees, expert witness expenses, and court filings. In Texas, these expenses can reduce the total value of the estate, leaving beneficiaries with a smaller inheritance. If the litigation drags on, the estate’s assets may be further depleted by ongoing legal costs.
Disputes over executor actions
Executors have a legal duty to manage the estate fairly and follow the terms of the will. However, disagreements over how an executor handles the estate can result in litigation. Beneficiaries may accuse the executor of mismanagement, self-dealing, or failing to distribute assets properly. Texas law allows courts to remove executors who breach their fiduciary duty, but this process can further delay estate distribution.
Impact of will contests
Will contests are a common cause of probate litigation. Claims of undue influence, fraud, or lack of mental capacity can lead to legal battles over the validity of a will. Texas courts require substantial evidence to overturn a will, but even the process of proving its validity can delay distribution. If a court deems the will invalid, the estate may be distributed under Texas intestacy laws instead.
Resolving estate disputes
Mediation or settlement agreements can sometimes resolve disputes faster than court trials. Texas courts encourage alternative dispute resolution to reduce litigation time and costs. However, if parties cannot agree, a judge or jury may ultimately decide how assets are distributed. These legal battles can strain family relationships and prolong the probate process.