Probate and estate administration
Probate is administrative right up until it is not. Most estates move through the process quietly; the ones that do not usually involve a family disagreement, a fiduciary who is not communicating, or a piece of real property that several people believe is theirs.
We guide executors, administrators, beneficiaries, and heirs through Texas probate and estate administration — and we litigate the matters that become contested. Michael Sheetz leads much of this work, and because probate is the whole of his practice, the procedural choices that decide whether an estate is cheap or expensive get made correctly at the outset.
Texas is comparatively friendly to efficient administration. Independent administration, muniment of title, and small estate affidavits can resolve many estates without extended court supervision. Knowing which of those routes an estate qualifies for is often the single biggest determinant of cost.
What we handle
- Independent and dependent administration of estates
- Heirship determinations and intestate succession
- Muniment of title proceedings
- Small estate affidavits and probate alternatives
- Will contests and probate litigation
- Trust disputes and breach of fiduciary duty claims
- Executor and administrator representation
- Real property title problems arising from estates
Contested matters
Will contests in Texas generally turn on a narrow set of grounds: testamentary capacity, undue influence, improper execution, forgery, or the existence of a later instrument. They are fact-intensive, they usually require medical records and witness testimony about the period around signing, and they run against a limitation period that begins earlier than most people expect.
Fiduciary disputes — an executor who will not account, a trustee making distributions that favor one beneficiary, self-dealing with estate assets — often start with a demand for an accounting. That step alone resolves a meaningful share of them.
Frequently asked
General information about Texas law, not legal advice for your situation.
How long do I have to contest a will in Texas?
The general rule is two years after the will is admitted to probate, with narrower windows and different triggers in certain circumstances — including for forgery or other fraud, where the period may run from discovery. There are also earlier practical deadlines: once an independent executor has distributed the estate, recovering assets becomes substantially harder regardless of what the limitations period technically allows. If you are considering a contest, the timing analysis should happen immediately, not eventually.
What are the grounds for contesting a will in Texas?
The recognized grounds are lack of testamentary capacity at the time of signing, undue influence by someone in a position to exert it, failure to meet the statutory execution formalities, forgery or fraud, and revocation by a later valid will. Disagreeing with how the testator divided the estate is not a ground — Texas allows people to leave their property to whomever they choose, including unequally among children.
Do I have to go through probate if there is a will?
Not always. If the estate's only significant asset is real property and there are no unpaid debts other than a mortgage, a muniment of title proceeding can transfer title without a full administration. Small estates below a statutory threshold may qualify for a small estate affidavit. Assets with beneficiary designations or rights of survivorship pass outside probate entirely. Whether a full administration is needed depends on what the estate holds and what it owes.
What is an heirship determination and when is it needed?
It is a court proceeding that formally establishes who the legal heirs of a decedent are, used when someone dies without a will or when a will does not dispose of all property. It matters most for real estate: title companies generally will not insure a sale out of an intestate estate without a judgment of heirship, so families who have held inherited property informally for years often discover they need one only when they try to sell.
The executor will not tell me anything. What are my rights?
Beneficiaries are entitled to information about the estate, and Texas law provides mechanisms to compel an accounting from an executor or administrator after a statutory period has run. A written demand is the usual first step. If the accounting is not provided, or if what it shows raises concerns about self-dealing or mismanagement, the next steps can include a court-ordered accounting, removal of the fiduciary, or a surcharge action for losses caused by the breach.
Writing on probate law
We are still writing the first posts in this area. Browse everything published so far, or ask us your question directly on a free consultation.
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