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When a loved one passes away in Texas, their estate typically goes through the probate process. During probate, the executor or administrator files various documents and information with the court. However, there may be instances where an interested party believes the information filed is inaccurate or incomplete. This article provides an in-depth look at how to contest information filed in a Texas probate, including when and who can file a contest, deadlines, and other important considerations.
What Information Can Be Contested in a Texas Probate?
Nearly any information filed by the executor or administrator during the probate process can potentially be contested, including:
The Will Itself
If there are concerns that the will filed with the court is not valid, it can be contested on grounds such as:
- Lack of testamentary capacity – the deceased lacked the mental ability to make a will
- Undue influence – the deceased was improperly pressured into making or changing their will
- Fraud – the will was procured by deception
- Forgery – the will is not genuine
- Improper execution – the will was not signed and witnessed as required by Texas law
Inventory, Appraisement, and List of Claims
Within 90 days of appointment, the executor or administrator must file an inventory listing all estate assets, their appraised values, and any claims against the estate. An interested party may contest the inventory if they believe:
- Assets are missing or undervalued
- Claims against the estate are overstated or invalid
- Community property is mischaracterized as separate property belonging only to the deceased
Accountings
The executor or administrator must file periodic accountings showing all funds coming into and out of the estate. Grounds for contesting an accounting may include:
- Failing to collect estate assets or debts owed to the estate
- Making improper or unauthorized payments or distributions
- Overpaying creditors or expenses
- Comingling estate and personal funds
- Misappropriation or self-dealing
Mismanagement Allegations
If the executor or administrator is not properly fulfilling their fiduciary duties, an interested party can raise issues such as:
- Failure to preserve or protect estate assets
- Conflicts of interest
- Neglect or carelessness in handling the estate
- Excessive delays in administering and closing the estate
Who Can Contest Information Filed in a Texas Probate?
A party must have legal standing to contest information filed in a probate. This includes:
- Beneficiaries named in the will
- Heirs who would inherit under Texas intestacy laws if there was no will
- Creditors with claims against the estate
- Any other party with a property right in or claim against estate assets
In some cases, a party may have standing if they have a legal or equitable interest that will be affected by the probate proceeding, even if they are not a beneficiary or creditor. For example:
- A person who would have inherited under a prior will revoked by the probated will
- The deceased’s surviving spouse contested the characterization of assets as separate instead of community property
- A person promised assets from the estate who alleges the executor breached an agreement to make a will or trust
Texas courts narrowly construe standing for probate contests to avoid unnecessary litigation. A potential contestant must show their pecuniary interest will be directly impacted by the probate proceeding. Simply being related to the deceased or having a moral objection to actions taken is insufficient without a property right at stake.
When Can You Contest Information Filed in a Texas Probate?
Timing is crucial when contesting information filed in a probate. Specific actions must be taken before the court approves the information.
Will Contests
In most cases, a will contest must be filed within 2 years of the will being admitted to probate. However, the deadline may be as short as 2 years from the date of death if the will was probated as a muniment of title only.
There are some limited exceptions to the 2-year statute of limitations for will contests:
- Forgery – No limitations period applies if the will is forged or fraudulent. However, the party contesting on this basis must not have known of the forgery during the 2 years.
- Incapacity – If the testator lacked testamentary capacity due to a persistent or chronic mental condition, the contest may be filed during the testator’s lifetime and through the 2nd anniversary of their death.
- Discovery Rule – The 2-year limitations may be extended if the grounds for contest were not discovered and could not have been reasonably discovered during that period but no more than 4 years after the testator’s death.
Texas law considers a will contest a “direct attack” on the order admitting the will to probate. This means the contest must specifically request the revocation or modification of that order, not just seek to interpret or construe the terms of the probated will.
Inventory Contests
An interested party generally has 30 days to object after filing the inventory. If no objection is filed within that time, the court may approve the inventory. Limited grounds for contesting an inventory after approval may include fraud, newly discovered assets not previously disclosed, or substantial error in the valuation of an asset.
Accounting Contests
Objections to an accounting typically must be filed within 30 days after it is filed with the court. Failure to object promptly may bar the party from contesting that accounting. In rare cases, a party may be allowed to challenge an accounting outside the 30 days if they did not receive proper notice or the accounting contains material misrepresentations.
The right to contest accountings in dependent administrations may be limited when a final accounting is approved after estate debts and distributions are completed. However, in independent administrations, contesting an accounting may be allowed anytime before the estate is closed.
Mismanagement Allegations
Complaints about the executor’s performance can be raised through a motion to remove them during estate administration if there are sufficient grounds. However, prompt action is advisable to prevent additional harm to the estate.
Grounds for executor removal in Texas include:
- Failing to qualify by taking the oath and posting any required bond
- Gross misconduct or gross mismanagement in performing duties
- Being legally incapacitated or otherwise incompetent
- Failing to make required filings like the inventory or accountings
- Being convicted of a felony or crime of moral turpitude
- Becoming incapacitated or insolvent
- Misapplying or embezzling estate assets
- Materially failing to comply with a court order
- Having a conflict of interest detrimental to the estate
- Being guilty of gross neglect in administering the estate
- Interfering with estate administration without authority
If an interested party alleges the executor engaged in any of these behaviors, the court will hold a hearing on removal. The executor must receive at least 10 days’ notice. The court may remove the executor if it finds cause exists and appoint a successor to take over the estate administration.
How to File a Contest in a Texas Probate
To contest information filed in a Texas probate:
- File an objection, complaint, or motion in writing with the probate court, specifically identifying the information being contested and the grounds for the contest.
- As court rules require, serve notice on the executor, administrator, and other interested parties. Most contests require issuing a citation through the court clerk, which is similar to serving a lawsuit.
- Pay any filing fees associated with the contest. The current fee for an opposition to probate in Texas ranges from $40 to $75, depending on the county.
- Prepare supporting evidence for the contest, including documents, financial records, witness testimony, expert opinions, etc. This evidence must be compiled and organized to present the case effectively.
- Attend court hearings on the matter and present the evidence supporting the contest. The contestant has the burden of proving the information filed is inaccurate or improper by a preponderance of the evidence (more likely than not).
- If the matter cannot be resolved through negotiation or mediation, participate in a contested hearing where the judge will consider the evidence and arguments on each side before ruling. Contested hearings require extensive preparation and skilled presentation of the case.
Successfully contesting a probate filing involves much more than filling out a form or showing up to object in court. The contestant must meet substantive and procedural requirements, some of which are highly technical.
For example, a will contest petition must be verified by affidavit, satisfy statutory prerequisites, join all necessary parties, and request authorized relief. Failing to comply may result in dismissal without the merits ever being considered. Given the complexity, most contestants need an experienced probate litigation attorney to represent them.
Tips for Contesting Texas Probate Information
- Act promptly to avoid missing deadlines that could bar the contest
- Clearly identify the specific information being challenged and the grounds for contesting it
- Gather sufficient evidence to prove the information is inaccurate or improper
- Consider seeking removal of an executor who has committed serious breaches of duty
- Consult an experienced probate litigation attorney for assistance with contested matters
- Attempt to resolve disputes through less formal means such as negotiation or mediation before resorting to a contested hearing
- Be prepared to show the contest is brought in good faith and not for improper purposes like harassment or delay
- Understand a successful contest may result in significant costs payable from the estate, which could reduce the share of beneficiaries
Alternatives to Contesting a Probate Filing
Before pursuing a formal contest, evaluate alternative mechanisms that may achieve the desired outcome with less expense and delay:
- Demand for accounting – An interested party can demand a written accounting to investigate concerns about assets and expenditures before deciding to contest.
- Mediation – Most contested probate issues must be referred to mediation before proceeding to a contested hearing. Mediation may allow the parties to arrive at a mutually agreeable resolution.
- Family settlement agreement – In some cases, estate beneficiaries can agree to alter the disposition of estate assets rather than engage in a drawn-out court battle.
- Temporary restraining order – If an executor is actively dissipating assets or harming estate interests, an interested party can seek an emergency injunction to halt the conduct while a contest is being pursued.
While these measures are not a substitute for a formal contest when one is required, they may provide a more efficient and less acrimonious path in appropriate cases.
Conclusion
Contesting information filed in a Texas probate requires swift legal action by a party with standing. Valid grounds for a contest may include an invalid will, inaccurate or incomplete inventory, improper accounting, or executor mismanagement. By timely filing an objection and supporting it with evidence, an interested party can protect their rights and ensure the estate is administered properly under court supervision.
However, contested probates can be costly, time-consuming, and acrimonious for the family. Before filing a contest, consider the evidence supporting the claims, the likelihood of success, the potential impact on the estate, and alternative dispute resolution. A will contest alone may cost $10,000 to $50,000 or more in legal fees that could come out of the estate proceeds. Inventory and accounting disputes are less expensive but still require diligent evidence-gathering and legal advocacy.
Due to the complexities involved, it is highly advisable to have the representation of a skilled probate attorney when contesting matters in a Texas estate. An experienced lawyer can evaluate the case, explain the options, and develop a sound strategy for vindicating the client’s interests. While a contest should not be undertaken lightly, it is a powerful tool to redress injustice and hold executors accountable in Texas probate proceedings.
Other Related Articles:
- What in a Will Goes to Probate in Texas, and What Does Not?
- What is a CSZ Probate in Texas? Understanding the Process
- What Court Probate in Texas Is: A Comprehensive Guide
- What Happens If You Don’t Probate a Will in Texas? A Comprehensive Analysis
- Do You Have to Probate a Will in Texas? A Comprehensive Guide
- Does a Surviving Spouse Need Probate in Texas?
- How Much Does Probate Cost in Texas? Avoid Costly Surprises
- How Long to Probate a Will in Texas: A Comprehensive Guide for Executors
- What questions should you ask a probate lawyer?
- Which Property Should Be Included In Texas Probate or Intestate
FAQs
If the court agrees with the contest, it may order appropriate relief such as reforming or setting aside the will, amending the inventory or accounting, removing the executor, or taking other corrective action to address the impropriety. In some cases, the contestant may also be entitled to recover attorney’s fees and costs from the estate.
Generally, a will contest must be filed within 2 years of the will being admitted to probate. However, if the will was probated as a muniment of title only, the deadline is 2 years from the date of death. There are limited exceptions for forgery, testator incapacity, and application of the discovery rule that may allow a contest to be filed later in rare cases.
Any interested party, such as a beneficiary, heir, or creditor, has standing to contest an accounting if they believe it is inaccurate or includes improper transactions. The objection typically must be filed within 30 days of the accounting being filed with the court. Rarely is a late contest allowed if notice was improper or the accounting contains material misrepresentations.
Failing to contest information by the deadline usually bars the contest and waives the party’s objections. The court may approve the information as filed. Filing a late contest would likely require showing an excellent cause for the delay, such as a lack of notice, newly discovered evidence of fraud, or other extraordinary factors justifying the late filing.
While not legally required, contesting information in a probate is a complex matter best handled by an experienced attorney. The attorney can help meet all legal requirements, gather supporting evidence, and effectively present the client’s case to the court. Given the high stakes in most probate contests, proceeding without qualified legal representation can be risky.
