What is Probate? At its core, probate is the legal process that takes place after someone dies.  The actual legal steps themselves vary depending on a variety of circumstances. The probate process under Texas Law involves proving that a Last Will and Testament is valid or that it should be contested, disputed and invalidated.  In other cases, the probate process involves identifying a decedent’s legal heirs.  The goal of probate is to ensure the orderly and legal transfer of property from a decedent to the person(s) entitled to receive the property and to provide a forum for the decedent’s creditors to present their claims. 

Probate Disputes: Issues of Facts and Issues of the Law

Probate can be a confusing process here in Texas. There are issues of fact. There are issues of law. And there are issues of long-term relationships. As an estate moves through probate, you may have rights and responsibilities. Unfortunately, sometimes the probate process can move into what we call a “probate dispute” or “probate litigation”.