Kendall and Bexar County Estate Planning
Texas Estate Planning Blog
Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.
When a loved one passes away, it’s not uncommon for emotions to rise — especially when questions about a will or inheritance arise. Families in Boerne, San Antonio, and Kerrville often find themselves at a crossroads: should they take their disagreement to court, or can they find a way to resolve it peacefully?
This is where mediation vs. litigation becomes a critical choice. While litigation can feel like the only path forward, mediation often offers a faster, more private, and less expensive route to resolution. With the guidance of a probate mediation attorney in Boerne, TX, families can often avoid years of tension and costly court battles.
Understanding the differences and when each option makes sense can save both assets and relationships.
Probate disputes rarely stem from greed; they’re usually born from confusion, grief, or differing expectations. Common causes include:
Even minor misunderstandings can escalate into years of tension, especially when emotions run high after a loved one’s passing.
For a deeper look at how these disputes develop and practical ways families can manage them you can read more in our recent blog on probate disputes in Texas.
Mediation is a structured yet flexible process in which a neutral mediator helps families reach a voluntary agreement. It’s private, faster than court, and encourages collaboration rather than confrontation.
During mediation:
According to the Texas Judicial Branch Annual Report, more than 60% of probate mediation cases result in a full or partial agreement.
Mediation is beneficial early in the process before court filings or hearings. Starting the conversation early can reduce emotional strain and help families preserve trust before disagreements become deeply rooted.:
Mediation can also fit naturally within the probate timeline.
Probate litigation is a formal court process used to resolve disputes over contested wills, executorship, or property conflicts. It typically involves filing petitions, gathering evidence, and attending hearings before a judge. When negotiations fail, a probate litigation attorney in San Antonio can represent families to help ensure their rights and claims are properly presented.
Litigation may become the only path forward when:
In these circumstances, working with a will dispute attorney in Kerrville, TX, or a probate dispute lawyer in San Antonio helps ensure that the case is handled effectively and in accordance with Texas probate law. For families managing estates that include complex assets, proactive estate tax planning can also help mitigate potential conflicts and make future administration more seamless.
While litigation may be unavoidable in some cases, it often comes with emotional and financial costs. Court processes can be lengthy, sometimes spanning several months, and legal fees can quickly accumulate. The process is also public, meaning family matters that might have been handled privately in mediation become part of the public record.
As a result, litigation is typically viewed as a last resort. Many families in Boerne, San Antonio, and Kerrville explore mediation or settlement options first to resolve disputes efficiently and preserve family relationships.
| ASPECT | MEDIATION | LITIGATION |
| Timeframe | Week to months | 12-24+months |
| Cost | Significantly lower | 20–30% of estate value |
| Privacy | Confidential | Public record |
| Outcome | Mutually agreed | Judge decides |
| Tone | Collaborative | Adversarial |
For most families in Boerne, San Antonio, or Kerrville, mediation allows everyone to retain control, preserve dignity, and move forward more peacefully. The goal isn’t to win, but to find closure and understanding.”
Mediation can offer both financial relief and emotional peace of mind.. Families who choose mediation often find that:
For estates that include family-owned businesses or partnerships, early business succession planning in Texas can prevent future disputes and ensure continuity long before a disagreement reaches court.
A probate mediation attorney in Boerne, TX, helps families prepare and protect their interests before mediation begins.
They review estate documents, explain options, and help confirm that any settlement complies with Texas probate law.
When conflicts involve multiple counties — for instance, heirs in Boerne, San Antonio, or Kerrville — your attorney coordinates filings and ensures all parties meet court requirements.
A family probate attorney in Boerne, TX, helps keep discussions productive and focused on finding fair solutions rather than dwelling on past grievances.
The best way to resolve disputes is to prevent them from arising in the first place. Clear planning and communication are among the most potent tools in mitigating probate conflicts.
Here’s how Texas families can prepare:
Every family faces unique challenges, but one truth remains: probate disputes don’t have to divide families.
Whether your loved one’s estate involves real estate, retirement funds, or a family business, choosing mediation over litigation can mean the difference between closure and conflict.
Families in Boerne, San Antonio, and Kerrville trust McCammon Law, P.C. for local guidance that combines practical solutions with proven legal strategy.
Will your family’s legacy be decided in a courtroom or across a table through conversation and compromise?
Request a consultation with our attorneys today to explore your options for probate resolution.
You can also join our free educational webinar to learn how Texas families can resolve probate disputes efficiently and protect their inheritance.
Boerne/San Antonio Office
138 Old San Antonio Rd.
Suite 504
Boerne, TX 78006
Office Hours
Mon-Thu: 8:30am-5:00pm CT
Friday: by appointment only
closed during lunch at 12:30pm-1:30pm
