When a loved one passes away leaving a will, the family often wants to proceed with probate as quickly as possible to settle the estate. In cases where someone contests the will’s validity, the natural question arises: If the will appears valid on its face, why can’t the court admit it to probate now and deal with the contest later? The recent Estate of Carr, No. 04-23-00287-CV (Tex. App.–San Antonio Nov. 6, 2024), case provides an opportunity to consider why the probate courts resolve will contests before admitting wills to probate. The case shows that even the probate court can struggle with this concept.
Facts & Procedural History
Following the father’s death in August 2022 in Guadalupe County, Texas, the son filed an application to probate his father’s will. His mother opposed the application and contested the will.
Despite the will contest being filed, on February 22, 2023, the probate court admitted the will to probate and appointed the son as dependent executor. The mother promptly responded by filing a jury trial demand for her will contest, a discovery motion, and a motion for new trial.
The probate court apparently recognized its error, as it set aside the February 22 order just two weeks later on March 8, 2023. The following day, the court appointed a temporary dependent administrator to manage the estate pending the resolution of the will contest.
Requirements for a Valid Will in Texas
To understand this case, we have to start with the requirements for a valid will in Texas. Under Texas law, for a will to be valid, the testator must have been at least 18 years old, of sound mind, and not under undue influence when making the will. The will must be in writing and signed by the testator in person. It must also be attested by at least two credible witnesses over the age of 14 who signed the will in the testator’s presence, unless the will is entirely in the testator’s handwriting (i.e., a holographic will).
Standard Probate Process for Uncontested Wills
In an uncontested scenario, the process for admitting a will to probate in Texas is straightforward. The proponent of the will files an application for probate, and after proper notice, presents proof to the court that the will meets all legal requirements. This typically involves testimony from a witness to the will or, if witnesses are unavailable, proof of the testator’s handwriting. Once satisfied that all requirements are met, the court admits the will to probate and appoints the executor. The son may have fully believed that all of these requirements were met, which is probably why he filed to probate the will.
The probate court handling the case is not a statutory probate court. Statutory probate courts are found in most of the larger counties in Texas. Statutory probate courts generally only hear probate cases and disputes involving probates. The county courts generally handle probates in the less populated counties in Texas.
Given that there wasn’t a statutory probate court in this case, this means that the court does not just hear probate cases and does not focus on them. The appeals court opinion in this case does not make it clear, but the probate court may have thought that it was permissible to allow a dependent administration pending the contest being heard. We sometimes hear this from other attorneys who do not focus on probate cases. The thought seems to be that the dependent administration is one that is supervised by the courts, which requires the court to make or supervise most of the decisions in the probate administration.
With that said, that the probate court admitted the will prior to the contest being considered could have also just been an oversight by the probate court.
Required Procedure When a Contest is Filed
When someone contests a will before it is admitted to probate, Texas law requires the court to hear and resolve the contest before admitting the will. This requirement exists because admitting a will to probate is a judicial determination of the will’s validity. It would be procedurally improper to make such a determination while a challenge to that very validity is pending.
During the time that the will is being contacted, the court should appoint a temporary administrator who has no interest in the contest’s outcome. This neutral party can manage and protect estate assets while the parties litigate the will’s validity. The temporary administrator serves until the contest is resolved, at which point the court either admits the will and appoints the named executor (if the contest fails) or denies probate (if the contest succeeds). This allows the parties time to prepare for trial and, with many cases, to try to settle the probate dispute with mediation.
The probate court in this case caught the issue shortly after appointing the son as dependent administrator and reversed its prior order. It did not do so until prompted by the mom’s attorney filing the motion for new trial, however.
Takeaway
This case answers the question as to whether probate courts can admit a will before the contest that has been filed is resolved. The answer is that no, the probate courts cannot admit a contested will to probate until resolving the contest. While this may delay the probate process, it ensures proper procedure and protects the rights of all interested parties. As happened in this case, when a contest is filed, the appropriate course is to appoint a temporary administrator to manage the estate until the contest’s resolution.
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Disclaimer
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.
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