Each page below covers one kind of contested probate matter, such as an executor who will not respond, a will that turned up after the funeral, or a sibling living rent-free in a house several of you inherited. Find the one that matches your situation.
For anyone who believes a will offered for probate, or already admitted, does not reflect what the decedent intended. The grounds are lack of capacity, undue influence, forgery and improper execution, and each is proved differently. Find out when the court admitted the will. The deadline to contest is generally two years from that date, and a missed deadline usually cannot be fixed.
For beneficiaries and heirs dealing with an executor or administrator who is not doing the job. Being slow or rude is not enough by itself. The court can act on some grounds on its own after written notice, while others require an application and a hearing, and the two routes move at different speeds.
Executors, administrators, trustees, guardians and agents under a power of attorney all hold money that is not theirs. This claim looks at what they did with it, including self-dealing, transfers to themselves or their children, and assets moved before or after the death. Removal takes someone out of the job. A fiduciary duty claim goes after the money.
For cases where there is no will and the family cannot agree on who counts as an heir. The application has to name every heir and give an address where each can be served, and all of them must be made parties. Where a name or location is unknown, the court appoints an attorney ad litem for that person. An unacknowledged half sibling or a disputed common law marriage is the usual reason these cases go to trial.
In a dependent administration, the person in charge needs court approval before most significant acts, including selling property. It takes longer and costs more, but it gives family members who do not trust the administrator a court-supervised record of every step.
Two or three people inherit a house or land and then disagree about selling it, occupying it, or paying for it. A common example is one heir living in the house while the others pay the taxes. Texas has a separate partition statute for heirs’ property that gives co-owners a right to buy out the others before any forced sale.
Families disagree over whether an adult needs a guardian at all, over who it should be, and over whether the guardian already serving should keep the job. A court has to make specific findings about incapacity before it appoints anyone, so a contested application is decided on the evidence. This page is for you if you are opposing a proposed guardian or a guardian is keeping you from a parent.
Trust disputes are governed by the Texas Trust Code, not the Estates Code. You can compel an accounting, challenge distributions the trust does not authorize, and in the right case ask a court to modify a trust that no longer fits the facts. In Bexar County, one statutory probate court can hear both the trust case and the related estate case, which helps when the same person served as executor and trustee.
In some estates the difficulty is the assets themselves, such as a closely held business, mineral interests, or creditor claims that must be classified and paid in statutory order. These cases turn on valuation and control, and both sides usually hire experts.
Bexar County has three statutory probate courts, Probate Court No. 1, No. 2 and No. 3, under Gov’t Code 25.0171(c). Each has a judge who hears only probate, guardianship, and related matters. In Comal, Guadalupe, Medina, Bandera and Atascosa, probate is heard by the county court or a county court at law, where the judge also handles the county’s other cases.
Tex. Gov’t Code 25.0171(c) and 25.0173; Local Rules for the Statutory Probate Courts of Bexar County, approved September 25, 2026.
Most probate in Bexar County is uncontested, and we do not handle that work. We do not file muniments of title, small estate affidavits or affidavits of heirship, we do not draft wills or trusts, and we do not handle routine uncontested administrations or guardianship setup. If there is no dispute, another San Antonio firm can do that work for less.
Start with who you are in conflict with. The person running the estate: removal or breach of fiduciary duty. The document itself: will contest. The other heirs, where the asset is land: inherited property. A trustee: trust litigation. No will and no agreement on the family tree: contested heirship.
Have these ready when you call:
The firm has handled 500+ estates. Your first call goes to our intake staff, who will take down the facts and route your matter.
Bring the names, dates, and Bexar County cause number if there is one, and we will tell you which of these matters fits your situation.
The first consultation is short and free.