Scheduling Open
6671 Southwest Fwy, Ste 490-A
By Appointment Only

Who is an Interested Party in a Texas Probate?

One generally has to be an “interested party” to participate in the probate process in Texas. The status of being an interested party is determined at the outset of the probate case and is not dependent on whether they will ultimately receive property from the estate. This was addressed by the court in the case of Estate of Daniels, No. 06-18-00049-CV (Tex. App.–Texarkana 2019), where the question arose regarding whether an interested party loses their rights if they have been distributed property in full satisfaction of their interest.

Facts & Procedural History

The decedent died without a will. His wife filed an application to be appointed as the personal representative. His mother also filed a competing application to be appointed.

The probate court found that the estate consisted of community property that would pass to the decedent’s wife and separate property 50 percent would pass to the decedent’s wife and 50 percent to the group including the decedent’s mother. The separate property consisted of real estate the decedent purchased prior to marriage, but which was the residence and homestead of the decedent and his wife at the time of his death.

The probate court granted temporary administration with the wife serving pending the resolution of the contested matters. The probate court allowed the separate property to be set aside as property exempt from the estate administration.

The wife then asked that the proceedings be dismissed, as the decedent’s mother was no longer an interested party in the estate as there was no property to distribute to the mother.

Who is an Interested Party?

One generally has to be an “interested party” to have standing to apply for letters of administration or to challenge letters of administration.

The Texas Estates Code defines the term “interested party” as “an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered.” The court in this case noted the “or” in this definition. According to the court, one can be an heir, etc., or a creditor.

The specific parties involved can vary depending on the circumstances of the case, but here are some common types of interested parties:

  1. Beneficiaries: These are individuals or entities named in the decedent’s will or trust to receive assets or property from the estate. Beneficiaries have a direct financial interest in the probate process.
  2. Heirs: If the decedent did not have a will or if the will is deemed invalid, heirs are individuals who would inherit the decedent’s assets under Texas intestate succession laws. Heirs can include surviving spouses, children, parents, siblings, or other relatives.
  3. Executor/Administrator: The executor or administrator is the person appointed by the court to oversee the probate process and manage the estate’s affairs. They have a fiduciary duty to act in the best interests of the estate and its interested parties.
  4. Creditors: Creditors are individuals or entities to whom the decedent owed debts or obligations. They have a legal right to make claims against the estate to seek repayment.
  5. Guardians: If the decedent had minor children, guardians may be involved in the probate process to determine who will have custody and responsibility for the children.
  6. Attorneys: Attorneys represent the interests of various parties involved in the probate process. They may represent the executor/administrator, beneficiaries, creditors, or other interested parties.
  7. Court-appointed representatives: In certain situations, the court may appoint a guardian ad litem or an attorney ad litem to represent the interests of individuals who are unable to advocate for themselves, such as minors or incapacitated individuals.

When is the Interested Party Determined?

Assuming one is an interested party at the time the matter commences, but is not later an interested party, do they lose their rights? Put another way, at what time in the proceeding do you apply the rule to determine whether a person is an interested party?

The decedent’s mother argued that she was an interested party and the commencement of the case and, as such, was still an interested party.

The decedent’s wife argued that the mother was no longer an interested party after the property was set aside from the estate.

The appeals court concluded that the definition is applied at the outset of the suit. Thus, according to the appeal court, an interested party does not lose their rights as interested parties later, if they turn out to no longer be interested parties.

This means that the decedent’s mother could still be appointed as the personal representative if the court so chose, even if they were not to receive property from the estate given that the property they would have received was distributed prior to the appointment.

Rights of Interested Parties

Interested parties in a Texas probate have specific rights associated with their role in the probate process.

Interested parties have the right to receive notice of the probate proceedings, ensuring that they are kept informed about the various stages of the probate process. This includes being notified about the filing of the will, which establishes the document as a valid testamentary instrument. They are also informed about the appointment of an executor or administrator, who will be responsible for managing the estate and distributing assets. Moreover, interested parties have the right to receive notice of hearings, allowing them the opportunity to participate and have their voices heard. This ensures that interested parties are aware of important deadlines and events, enabling them to take appropriate actions and protect their interests.

Interested parties also have the right to access relevant information about the estate, which is crucial for them to understand the nature and value of the assets involved. This includes the right to review the will, enabling them to ascertain its contents and provisions. They also have the right to access the inventory of assets, which provides a comprehensive list of the estate’s property and its estimated value. Additionally, interested parties can request copies of financial records, such as bank statements or investment documents, to gain a comprehensive understanding of the estate’s financial situation. This access to information ensures transparency and accountability, allowing interested parties to make informed decisions and protect their rights.

In situations where an interested party believes that the will is invalid or does not accurately reflect the decedent’s wishes, they have the right to contest it. This legal process involves filing a formal challenge to the validity of the will. Interested parties can raise concerns such as alleging undue influence, which means that someone exerted improper pressure on the decedent during the creation of the will. Lack of capacity can also be claimed, suggesting that the decedent was not of sound mind or understanding when the will was executed. Additionally, interested parties can allege fraud, asserting that the will was created under deceptive or fraudulent circumstances. Contesting the will provides interested parties with the opportunity to present their case and seek a resolution that aligns with the true intentions of the decedent.

Interested parties have the right to actively participate in probate hearings. This includes attending the hearings and having the opportunity to present evidence, make legal arguments, and express their concerns or objections. They can provide testimony, call witnesses, and cross-examine other parties if necessary. This right to participate ensures that interested parties have a platform to advocate for their interests, protect their rights, and ensure that the probate process is fair and just.

Beneficiaries named in the will and heirs entitled to inherit under Texas intestate succession laws have the right to receive their share of the estate. This means that they are entitled to the assets designated to them in the will or, in the absence of a will, in accordance with the state’s laws. The distribution of assets should be carried out according to the terms of the will or the applicable legal framework, ensuring that the beneficiaries and heirs receive what they are entitled to. This right to the distribution of assets provides interested parties with the assurance that their inheritances will be allocated correctly and in accordance with the decedent’s wishes or the law.

The Takeaway

Being an “interested party” is a prerequisite for participating in the probate process in Texas. However, the status of being an interested party is determined at the outset of the probate case and is not dependent on whether they will ultimately receive property from the estate.

Do you need help with a probate matter in Houston or the surrounding area?  We are Houston probate attorneys.  We help clients navigate the probate process.   Call today for a free confidential consultation, 281-219-9090.  

Our Houston Probate Attorneys provide a full range of probate services to our clients, including helping with probate disputes. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.


The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.

Immediate DownloadFREE Access to Our Texas Probate Guide

Don't miss out, get a copy today!

Related Posts