Many estates pass through probate court in Texas as a technical requirement. The courts oversee the estate administration process to ensure compliance with the law or the estate plan of the deceased individual. Any estate worth $100,000 or more typically needs to pass through probate court. Estates that contain real property and those without a will usually also require probate proceedings.
Occasionally, estates may become the source of significant disputes regarding the validity of estate planning paperwork or the conduct of the personal representative. Family members of the decedent, beneficiaries named in an estate plan or presumptive heirs sometimes need to pursue litigation in the probate courts.
The decision to pursue probate litigation comes with certain risks. Do people who contest a will need to worry about the loss of their inheritance because they have opted to take legal action?
Litigation can reduce the estate’s value
Pursuing a lawsuit in probate court can be a costly undertaking. It can cost tens of thousands of dollars in some cases to raise questions about the validity of an estate plan. The longer the conflict takes the resolve and the lower the value of the estate, the more likely litigation is to diminish what people inherit.
Typically, the personal representative of an estate must use estate resources to cover probate costs before they distribute anything to beneficiaries and heirs. In some cases, the cost of litigation can substantially reduce what people ultimately receive from the estate.
Certain clauses can endanger an inheritance
Testators may worry about probate conflict diminishing their legacy or damaging family relationships over greedy demands for a larger inheritance. Some people add no-contest clauses to their estate plans. If there is a no-contest clause in a will, an unsuccessful attempt at litigation could lead to an individual losing their inheritance. The courts can deprive a beneficiary of their inheritance if they initiate an unnecessary will challenge.
Understanding how litigation can affect the outcome of probate proceedings can help people make more informed choices. Will contests and attempts to remove personal representatives can be costly steps to take during estate administration. Yet, probate litigation is sometimes worth the expense and risk involved, as successful litigation can preserve what remains in an estate.
