Questions to Ask at a Probate Hearing in Texas

What Happens at a Probate Hearing?

A probate hearing in Texas can take many forms. For simple estates without disputes, an uncontested probate lawyer can guide you through a brief, straightforward hearing focused on proving up the will and confirming the executor. The court also holds hearings to:

• Determine the validity of legal documents, like wills;
• Approve appointments of executors or administrators; and
• Resolve conflicts that emerge during probate, like will contests or objections to the representative’s conduct.

Those hearings may involve the court:

• Calling the case—announcing the case name and parties present on the record;
• Swearing in witnesses—placing individuals under oath before they give testimony;
• Validating the will—reviewing the will, ensuring proper signatures and witnessing;
• Appointing an executor or administrator—officially authorizing someone to manage the estate;
• Reviewing required notices—confirming that the representative sent legal notice to all heirs, beneficiaries, and interested parties;
• Addressing objections—hearing challenges to the will, the executor’s appointment, or the administration process;
• Approving an inventory—accepting a preliminary list of estate assets and debts;
• Ordering a bond—requiring the executor to post a financial guarantee; or
• Scheduling additional hearings—setting future court dates for unresolved matters.

At contested hearings, where parties disagree about something in the process, the representative, loved ones, or witnesses to the will may provide testimony on the witness stand and introduce documentary evidence through their own or the estate’s attorney. The court may also review and ask for clarifications about legal documents.

Who Has to Be at a Probate Hearing?

Generally, the estate’s representative and their probate litigation lawyer should attend probate hearings. Whether and when others must attend depends on why the court is holding the hearing.

Interested parties, meaning those with a potential claim to part or all of the estate, may need to attend probate hearings if the hearing covers an issue that affects them. Interested parties typically include the personal representative, beneficiaries under the will, heirs under the law, and creditors.

What Questions Are Asked at a Probate Hearing?

Many people feel nervous before stepping into a courtroom. At the initial hearing, judges may ask the executor or administrator:

• Did the decedent live in this county?
• Do you have the original will?
• Did the decedent properly sign their will and have it witnessed under Texas law?
• Are you legally qualified to serve as executor?
• Have you notified all required parties?

The judge may also ask witnesses or beneficiaries questions such as:

• Did you personally observe the decedent signing the will?
• Was the signing voluntary?
• Was the decedent of sound mind at the time?
• Do you know of family disputes, fraud, or attempts to pressure the decedent?

These questions allow the judge to verify that the will is valid, the process is fair, and everyone with a legal interest has received notice.

What Questions Might You Want to Ask at a Probate Hearing?

While the judge and attorneys lead much of the hearing, you can ask your own questions. Preparing a list of questions to ask a probate attorney ahead of time helps you gather key information, clarify next steps, and protect your rights during the process. If you are a beneficiary or heir, you might ask, depending on the timing of the hearing:

• Can I receive a copy of the will?
• When will the executor begin distributions?
• Are there any unpaid debts or taxes that need resolving before I receive anything?

If you are serving as the executor, you might ask:

• What documents must I submit before the next court date?
• Does the court require me to file a formal accounting, provide an inventory of estate assets, or secure a bond?
• Can I sell or distribute estate property without court approval, or do I need permission?

By asking thoughtful questions, you can better understand the process you are a part of.

What to Bring to the First Probate Hearing

Gather all required documents before your first probate hearing and prepare with your attorney. When you attend, bring:

• The original will, if you have it;
• The death certificate;
• A valid photo ID;
• Any court notices; and
• Legal correspondence, such as filings or letters from attorneys.

Ensure you bring any other documents or items that the court requests in a court order before the hearing.

Compassionate Guidance for Probate in Texas

At Lewis Law Firm, PLLC, we make the legal process more manageable by guiding families with a steady hand. Samantha brings nearly a decade of legal experience and commitment to helping clients through this difficult transition. Contact us today to schedule a consultation.