Houston Probate Litigation Attorneys

We Handle High-Stakes Probate & Estate Litigation

Our Houston-based probate litigation attorneys protect and defend the interests of heirs and beneficiaries in estate disputes or cases of inheritance theft. We have over 100 years of collective legal experience, and we use it to help you protect what matters most.

For competent and compassionate representation during this difficult time, please call us at (713) 783-3110.

On This Page:

• What Kinds of Probate Cases Does Hendershot Cowart P.C. Handle?
• What Does a Probate Litigation Attorney Do?
• When Should I Hire a Probate Litigation Attorney?
• How Much Does a Probate Litigation Lawyer Cost?
• How Long Does an Executor Have to Distribute Assets in Texas?
• Can an Executor Delay the Distribution of my Inheritance?
• What Can I Do if an Executor Is Not Communicating with Me?
• Retain an Experienced Probate Litigation Attorney in Houston Today

Hendershot Cowart P.C. seeks to turn stress and uncertainty into resolution. We focus on estate litigation, which is different from drafting estate planning documents and requires a unique set of skills.

We handle a wide range of probate litigation matters, including:

• Contesting the validity of a will
• Removing an executor or trustee who is not doing their job
• Investigating and putting a stop to inheritance theft
• Demanding an accounting of the estate’s assets
• Contesting appraisals of an estate or trust property
• Disputes over creditors’ claims to an estate
• Recovering money or assets embezzled from a trust
• Recovering stolen estate assets
• Defending an executor or trustee against breach of fiduciary duty claims
• Resolving disputes over the inherited ownership of a family business

Sometimes, it may be necessary to remove an executor, trustee, or trust administrator for dragging their feet, enriching themselves, misappropriating estate assets, or other misconduct. Other times, creditors make false claims, properties are worth more than appraisers say, or family members feel slighted by a last will and testament.

Whether loved ones disagree on a decedent’s final wishes, or someone tries to take advantage of a vulnerable situation, our Houston probate litigation lawyers are here to help.

Most estate planning attorneys do not go to court or engage in litigation. We do. As a probate litigation law firm, Hendershot Cowart P.C. gears its practice toward contested estates. Instead of drafting wills and setting up trusts, we represent clients in disputes that may lead to hearings and trials, and we prepare cases designed for court.

Probate litigation attorneys are familiar with wills, trusts, and estate planning matters, but their primary focus is contesting wills, handling trust disputes, and holding bad actors accountable for inheritance theft and trust embezzlement. They can also defend those falsely accused of wrongdoing or not performing their legal duties.

If you are involved in an estate or trust dispute, you need a probate litigation attorney – not an estate planning lawyer.

Our team is familiar with probate courts in Houston and throughout Texas, and we have the skills you need to find a favorable resolution.

As soon as you suspect that something may be amiss with your loved one’s estate or family trust, contact a probate litigator. Speaking to an experienced attorney does not necessarily mean you will end up in litigation. It does, however, mean that you will be apprised of your rights and be prepared to collect evidence and take the next steps should your suspicions prove accurate, or the matter remains unresolved.

Retaining a litigation attorney means that you have a probate attorney on your side, protecting your rights.

Choose a probate litigation attorney familiar with the court system in the county where the estate or trust is located since each county in Texas has its own process and preferences for handling probate matters. More populated counties, such as Harris and Galveston Counties, contain statutory probate courts which exclusively handle probate matters. In other counties, probate matters may be handled by the county or district court.

The probate litigation attorneys at Hendershot Cowart P.C. handle cases throughout Texas, especially in Galveston, Harris, Fort Bend, and Montgomery Counties, covering greater Houston communities such as Sugar Land, The Woodlands, West University, Bellaire, the Heights, Galveston, Clear Lake, Pearland, and Kingwood.

The services of our probate litigation attorneys are provided on an hourly basis. The number of service hours will depend on the complexity of your case. Some matters can be resolved in a matter of days or weeks, and some matters can take much longer.

Call (713) 783-3110 or schedule an initial consultation by filling out our brief contact form. Then, discuss the implications of a will contest – both financially and emotionally – with your family before making a decision.

We are ready to protect your best interests should you decide hiring a probate litigation attorney is the right option for you and your family.

In Texas, there is no set legal deadline for an executor to distribute assets. Instead, the law requires executors to act with "reasonable diligence" in administering an estate. 

While the process typically takes 6 to 12 months for most estates, several factors can affect this timeline:

• Complexity of the estate: Larger estates with diverse assets may take longer to distribute
• Debt settlement: All creditors must be paid before assets can be distributed
• Tax filings: Estate and income tax returns must be filed
• Will contests or disputes: Legal challenges significantly extend the timeline
• Asset liquidity: Some assets may take time to sell

Though there's no strict deadline, beneficiaries do have legal options if an executor is unnecessarily delaying distributions. They can petition the probate court to compel the executor to act or even request the executor's removal if there's evidence of unreasonable delays.

Texas law requires executors to provide an estate inventory within 90 days of appointment, which gives beneficiaries some visibility into the process early on.

Yes, an executor in Texas can delay distribution of your inheritance, but only for legitimate reasons. 

Legitimate reasons for delay could include:

• Settling estate debts: Creditors must be paid before beneficiaries
• Tax matters: Filing necessary tax returns and paying any tax obligations
• Asset liquidation: Converting certain assets to cash may take time
• Resolving disputes: Contests to the will or disagreements among beneficiaries
• Estate complexity: Large or complicated estates naturally take longer

If you believe the executor is unnecessarily delaying, consult with an attorney. Together, you can:

• Request a status update directly from the executor
• Ask for an accounting of estate activities
• File a petition with the probate court to compel distribution
• In cases of serious misconduct, petition for the executor's removal

If you're concerned about delays, document your communication with the executor, gather any relevant documents, and consult with a probate litigation attorney.

If an executor isn't communicating with you, here are practical steps you can take in Texas:

1. Document your attempts to communicate: Keep records of all emails, letters, and calls you've made to the executor.
2. Send a formal written request: Mail a certified letter (return receipt requested) specifically asking for information about the estate and your inheritance status.
3. Request a formal accounting: In Texas, beneficiaries have the right to request a detailed accounting of the estate's assets, debts paid, and distributions made.
4. Contact the attorney probating the estate: Sometimes the estate's attorney can facilitate communication even when the executor is unresponsive.
5. File a petition with the probate court: You and your attorney can ask the court to order the executor to provide information, compel the executor to perform their duties, or provide a formal accounting of the estate, depending on your circumstances and your attorney’s advice. 
6. Request removal of the executor: If there's evidence of serious negligence, misconduct, or unreasonable delays, the court can remove and replace the executor.

Remember that executors in Texas have a fiduciary duty to act in the best interests of the estate and its beneficiaries, which includes maintaining reasonable communication with beneficiaries. The probate court has authority to intervene when an executor fails to fulfill these obligations.

Hendershot Cowart P.C. does not prepare wills and trusts. Instead, we dedicate our firm’s experience and resources to litigating and resolving estate and trust disputes, as well as will contests.

At our firm, we value relationships and believe in strong communication. When you choose us, you will know what is going on in your case – from start to finish. Each probate litigation attorney at our firm values going above and beyond for their clients. We have a strong record of results and strive to exceed your expectations.

No matter how difficult your case is – or how complex the family dynamics are – please call us at (713) 783-3110 or contact us online to schedule a consultation.

Additional Reading

• Alternatives to Litigation in a Will Contest or Probate Dispute