Navigating Probate Disputes in Texas: Resolving Contested Wills and Family Conflicts

When a loved one passes away, families hope the estate process will go smoothly. Unfortunately, that’s not always the case. Disagreements about a will, inheritance, or property distribution can quickly lead to probate disputes—often tearing families apart when emotions are already high.

In Boerne, San Antonio, and Kerrville, these disputes often center around contested wills, questions of mental capacity, or suspected undue influence. Without clear guidance, the process can drag on for months, draining both finances and relationships.

A probate attorney in Boerne, TX can help families find resolution through legal clarity, negotiation, and, when necessary, litigation.

This guide explains how probate disputes arise, the options available to families, and how to protect loved ones from prolonged conflict.

Why Probate Disputes Happen in Texas

Probate disputes can arise for many reasons, but most involve questions about a will’s validity or how assets are managed.

Common causes include:

• Contested wills: One or more heirs challenge the will’s authenticity.
• Undue influence: Claims that someone pressured or manipulated the deceased.
• Executor conflicts: Disagreements over how the estate is handled.
• Mental incapacity: Arguments that the deceased wasn’t of sound mind when the will was created.
• Unequal distributions: Perceptions of unfairness or favoritism.

According to the Texas Bar Association, contested wills are among the most frequent causes of probate litigation in the state, often adding months—or even years—to the process.

Whether the conflict involves a family ranch in Boerne, a business in San Antonio, or property in Kerrville, the stakes are deeply personal.

Understanding Contested Wills in Texas

A contested will means someone is challenging its legality. Under the Texas Estates Code, an heir, creditor, or interested party can dispute a will based on several grounds:

1. Lack of testamentary capacity – The testator (person making the will) didn’t understand what they were signing.
2. Undue influence – Someone coerced or manipulated the testator.
3. Improper execution – The will wasn’t properly signed or witnessed.
4. Forgery or fraud – The document or signature is fake.
5. Revocation – A later will may override an earlier version.

A will dispute attorney in Boerne, TX investigates these claims, gathers evidence, and can represent families in negotiations or court.

How Texas Probate Courts Handle Disputes

Texas probate law gives courts broad discretion in handling disputes. The process generally includes:

1. Filing a petition to contest the will
2. Discovery and evidence gathering (medical records, witness statements, financial data)
3. Mediation to attempt a settlement before trial
4. Probate litigation if no resolution is reached

A probate litigation attorney in San Antonio or Boerne ensures every procedural step is followed correctly—since missed deadlines can void claims.

💡 According to Thomson Reuters (2024), more than 60% of probate disputes are resolved through mediation rather than trial, saving families significant emotional and financial costs.

Common Types of Probate Disputes in Texas

Probate disputes can arise from emotional and financial stress when families interpret a loved one’s wishes differently. These disagreements often involve questions about how an estate is being managed, who is entitled to inherit, or whether the will truly reflects the decedent’s intent. Understanding these common conflict areas can help families anticipate challenges and seek early guidance before matters escalate.

1. Executor Mismanagement

Executors have fiduciary duties to act in the estate’s best interest. If they fail—by hiding information, delaying asset distribution, or misusing funds—heirs can take legal action.

2. Inheritance Disputes

Disagreements over “who gets what” are common, especially when a will is unclear or unequal. A family probate attorney in Texas can negotiate fair settlements and help uphold the testator’s intent. 

3. Disputes Over Guardianship or Conservatorship

Family members may disagree over who should make financial or healthcare decisions for an elderly relative.

4. Estate Valuation Conflicts

Disputes about real estate, business valuations, or personal property often arise in estates with significant assets in Boerne or San Antonio.

Resolving Probate Conflicts: Mediation vs. Litigation

Most families prefer mediation as a confidential, non-adversarial way to reach agreements.

Mediation Benefits:

• Faster and less expensive than the court.
• Preserves family relationships.
• Keeps details private.

However, when conflicts cannot be resolved amicably, probate litigation may be necessary. A probate attorney in Boerne, TX, represents clients in court to help protect fairness and clients’ rights. 

Preventing Future Probate Disputes

Proactive estate planning is the best defense against conflict. Clear, legally sound documents reduce the chance of confusion or challenge.

Legal strategies include:

• Creating a revocable living trust to help avoid probate.
• Naming neutral executors or trustees.
• Updating estate plans regularly.
• Discussing wishes openly with family.

For more insights, explore our related post:

🔗 Simplifying Estate Administration in Kerrville

When to Hire a Probate Attorney in Boerne, TX

Families often wait too long to get legal help—by then, positions have hardened and costs have multiplied.

You should contact a probate attorney in Boerne, TX if:

• A will or trust is being contested.
• You suspect executor misconduct.
• There’s confusion about property division.
• You’re unsure how to navigate probate court.

Working with a probate lawyer near you in Kerrville, TX, or an estate attorney in San Antonio ensures that deadlines are met and your family’s rights are protected.

If you’re managing an estate or preparing your own plan, understanding how taxes and inheritance interact can help prevent future disputes. Explore our Estate Tax Planning page to learn how strategic planning today can minimize future legal and financial risks.

Legal and Financial Implications of Disputes in Texas

Probate disputes are emotionally draining and financially costly. Attorney fees, appraisals, and court expenses can quickly reduce an estate’s overall value and delay distributions to heirs.

In communities like Boerne, San Antonio, and Kerrville, contested estates often involve real property or family businesses that lose value the longer they remain in conflict.

Early legal guidance can prevent those losses. A probate attorney in Boerne, TX can help resolve disagreements efficiently, protect assets, and support family relationships. For those planning ahead, thoughtful estate and tax planning helps minimize disputes and secure your family’s legacy.

How Families in Boerne, San Antonio, and Kerrville Move Forward

Across the Texas Hill Country, families often discover that probate disputes can be resolved with empathy and experienced guidance. A probate attorney in Boerne, TX, understands both the law and the local values that may shape these decisions. 

You can also explore more estate planning and probate insights on our blog section or register for our free estate planning webinar here.

Frequently Asked Questions

What is the first step in resolving a probate dispute in Texas?

File a petition with the probate court. A probate attorney in Boerne, TX, can guide you through the process and ensure all documents are correctly filed.

How much does a probate attorney cost in Boerne, TX?

Costs vary based on the estate's size and the level of conflict, but many fees are typically paid from the estate's assets rather than from personal funds.

What if a family member refuses to cooperate?

Your attorney can request court intervention to compel cooperation or appoint a neutral administrator.

Can an out-of-state heir challenge a Texas will?

Yes, if they have a legal interest in the estate. A family probate attorney in Texas can represent their rights locally.

How can I prevent my own will from being contested?

Work with an estate attorney in San Antonio to draft clear documents, include “no contest” clauses, and update your plan regularly. Read more in our blog, How Often Should You Update Your Will or Trust in Boerne, TX?

Will Your Family Be Ready to Resolve a Probate Dispute in Texas?

Disputes over wills and estates can fracture families, but they don’t have to. Understanding your legal options and working with a reliable wills attorney can make all the difference.

At McCammon Law, P.C., we guide families in Boerne, San Antonio, and Kerrville through complex probate disputes with clarity and compassion.

📌 Ready to take the next step?

Schedule a consultation with us today to get things started. You can call (830) 217-1511 or complete the contact form on our consultation page, and a member of our team will be in touch with you.