Texas Probate Appeal

by | Feb 28, 2018 | All Articles, Probate Litigation | 0 comments

This short article is about Texas Probate Appeals.  More precisely, what happens when a Texas probate court enters an incorrect decision?

 

 

Can You Appeal a Texas Probate Court Ruling?

Most people are familiar with the concept of an appeal after a trial.  If either party believes the trial court made an error that had a negative impact on the end result, the court of appeals can address the error.  But a probate proceeding is not a trial in the traditional sense.  What do I do when the judge simply gets it wrong?  You can appeal a probate court ruling even though you may not have had a “plaintiff” or “defendant.”

 

When Can You Appeal a Texas Probate Court?

The Texas probate court’s ruling on whether or not a will is probated is immediately appealable. The Texas Estates Code specifically states that a Texas probate court’s order admitting or denying a will is final and appealable to the court of appeals.
Other probate cases involve litigation that more closely resembles what is generally envisioned as a lawsuit.  For example, parties often litigate whether or not the will is valid, litigate whether or not someone improperly influenced the creator of the will in order to gain more of the estate, or dispute the actions of the executor.  Trusts get litigated for similar reasons.  In these cases, the appeals process can start under the same timing of typical litigation cases, under the Texas Rules of Civil Procedure and/or Texas Rules of Appellate Procedure.

 

What Constitutes a Final Order If We Didn’t Have a Litigated Probate Case?

If the probate case is a determination of heirship, the judgment declaring heirship is a final order for purposes of appeal.  If the judgment is based upon an error, it may be appealed.  The appointment of an executor or administrator may be appealed as well as a denial of an appointment.
Don’t assume your case is over if you don’t get the result you believe is correct.  Let us determine if the probate court made an error.  If there was an error, our Texas probate appeal law office may be able to have the court of appeals correct that error.

 

 

Free Consultation

To ask a legal question or get legal help from a Texas probate appeal attorney in the Dallas, TX area, use the online contact form to the right or call (214) 302-8197. If you prefer to meet at the office in person in Richardson, TX, the attorney will gladly offer a free consultation.

Visit www.ShuttLawFirm.com for more information on a Texas Probate Appeal, a Texas will contest, executor wrongdoing, or trust litigation–contact Richardson, Texas Probate Attorney Isaac Shutt at ishutt@shuttlawfirm.com.

Shutt Law Firm’s office is conveniently located just north of Dallas, TX, near the intersection of highway 75 and Campbell Road in Richardson, TX.

.

You can also call Mr. Shutt at (214) 302-8197 for more information on the topic discussed in this article or to discuss a different legal matter. For existing clients, quick phone-calls and brief e-mails are always free at Shutt Law Firm PLLC. Please consider the Shutt Law Firm if you need letters testamentary, how to serve as executor in Texas, how to probate in Dallas County Probate Courts or the Collin County Probate Court, a Texas Last Will and Testament, or you need a probate attorney in Dallas, Richardson, Plano, Allen, McKinney, Garland, Addison, TX, Collin County, or surrounding North Texas area.

.

DISCLAIMER: Nothing in this brief article constitutes legal advice. The information provided herein is merely provided in the spirit of education. If you have a legal question, you should consult an attorney for your specific legal situation. Further, nothing in this article shall be construed to have started an attorney-client relationship. No such relationship exists until both you and attorney Isaac Shutt sign an engagement letter with the Shutt Law Firm, PLLC.

Homepage for Texas Probate Attorneys at Shutt Law Firm

 

Submit a Comment

Your email address will not be published. Required fields are marked *