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When you face probate litigation in Texas, you’re entering a legal battle that can stretch your patience and resources. This type of dispute arises when someone challenges a will’s validity, questions an executor’s decisions (or who should be the executor at all), or fights over who inherits what, among other possibilities. How long this process will drag on unfortunately depends on your case’s details, so a probate litigation attorney in Houston is the right person to ask to get more details. The following will give you some general ideas, however.

What Is the Timeline for Resolving Probate Litigation in Texas?

On average, it typically takes between 12 and 24 months for straightforward disputes to get worked out, but this can often extend to two to five years if complications arise. Here’s how things go down:

Getting Started

You (or someone else) starts the timeline by filing an application or contest in the probate court of the county where the deceased person lived. Texas law gives everyone with standing to bring a contest up to two year to make a challenge, and you’ll need to act within this limit or you’ll likely lose the power to act at all. Once you file, the court schedules an initial hearing, which usually happens within 30 to 45 days, and formal notice has to be given to everyone with an interest in the estate.

If your paperwork lacks key items or isn’t done correctly, the court will send it back. This opening phase sets the tone, so you want to get it right to avoid unnecessary holdups. Working with a lawyer will minimize any possibility that you’ll have issues with paperwork or deadlines.

Discovery

The next thing that happens is what’s known as “discovery,” where both sides exchange information so everyone is on the same page. This doesn’t mean that you agree on everything but simply that all information that either side is going to bring to argue their case has been gathered and exchanged. During this time, either side can request documents, get expert opinions, and take depositions from various witnesses.

Mediation/Negotiation

It’s common for these sorts of issues to be settled out of court, and if you’re able to do so, you will save a lot of time and money. Not only that, but negotiating a settlement outside of court also keeps things more amicable among family members, which is why we frequently suggest you try this first before moving on to the courtroom.

Going to Court

Of course, some issues can’t be settled outside of court, and if your case goes to court there will be hearings where evidence is presented, witnesses can testify, and we’ll make legal arguments on your behalf to show either why your challenge is legitimate or to defend against an improper challenge. The court will issue a judgment after considering all the evidence and arguments, and this judgment can be appealed by the losing party under certain circumstances.

Things That Can Drag Out the Process

Additional Hearings

Depending on how many issues are under dispute, there may be many hearings required. The more hearings required, the more things will drag out. This isn’t just because it takes more time to do more hearings but also because of the delay between hearings, as the court schedules each one. 

Complex Assets and Finances

We’re not just talking here here about the size of the estate but the complexity of the assets. The more different assets there are, the more difficult it is to work through things, and particularly if some of these assets involve businesses, entangled real estate holdings, or even overseas accounts. 

There are also issues of valuation. When it comes to certain things, such as cryptocurrency or real estate, it can matter enormously exactly what time things get valuated. The worth of a business or the value of a certain amount of cryptocurrency can change drastically in just a day or two, and this can cause disputes that can go on for quite some time.

Failure or Success of Mediation

The length of time it takes to deal with probation litigation also depends on whether mediation is successful. Mediation definitely saves time and money when it works, but if emotions run high or the stakes are too large, these sessions might go on and on as everyone works through multiple rounds of them. 

In the end, it might be impossible to come to an agreement this way. If you’re concerned this could be an issue, be sure to talk to your lawyer and explain the situation. Your lawyer can help you evaluate early on in the negotiation process whether it’s in your best interest to bring things to a halt and get straight to the courtroom or keep going.

Court Availability

Unfortunately, this is something you have no control over. You’ll only be able to schedule hearings when the court has availability, and the courts can get backed up for weeks or even months in some cases.

The Number of Parties Involved

Another factor in how long things take is how many parties are involved and how determined they are to litigate. It probably is obvious that the more people there are, the longer it’s going to take to resolve, and the harder it’s going to be to come up with a compromise or resolution that satisfies everyone. More parties just means more potential objections, a longer discovery process as everyone asks questions and answers them, and more difficulty in negotiations.

Tax Issues

If there are any tax issues, and particularly if guidance needs to be sought from the IRS, this can really slow things down. If the IRS needs to do a review of a sizable estate, the proceedings may have to be paused entirely until things are cleared. The IRS is notorious for being very slow at responding to questions in some of these cases.

The Experience of Your Probate Attorney in Houston

The final factor will be how experienced your probate attorney actually is, and this is one thing you can control. When you work with an attorney who has years of experience in Texas probate law, you can count on things going as smoothly as they possibly can under the circumstances. While your attorney cannot force the IRS to respond or change the court’s calendar, an attorney can keep things moving in many other ways, starting with getting everything filed quickly and correctly the first time.

Your attorney then ensures that discovery doesn’t miss anything while not allowing the process to stall and putting pressure on the other side if they delay. Your attorney can also engage in negotiations on your behalf and inform you when the time for negotiation has passed.

If you have any probate issues, at Ford + Bergner LLP, we can help. Over the years, we’ve served more than 6,300 clients and litigated in 112 of Texas’ counties. We’ve won not only locally but also before both the Texas Supreme Court and the US Supreme Court; and we’re ready to help you next. Schedule a consultation with Ford + Bergner LLP now in Dallas, Houston, or Austin today.