What Are Some Common Misconceptions Regarding Probate? 

 Posted on June 25, 2026 in Estate Planning and Probate

Probate is the legal process that settles the estate of a deceased person. The process involves the court-supervised distribution of the deceased person’s assets and the payment of their debts and taxes. It also helps to determine the validity of the deceased person’s will, identify their assets and liabilities, and pay any outstanding debts and taxes. When a will is present, probate aids in the distribution of remaining assets to the heirs or beneficiaries as specified. 

If you ever need assistance taking care of a deceased loved one’s affairs, contact a Comal County, TX probate attorney who can guide you through the process while protecting your rights. As a solo practitioner, Geoff Mayfield, Attorney at Law, provides clients with one-on-one help in complex matters.

What Are the Most Common Misconceptions About Probate in 2026?

Not many people are familiar with the processes in probate court. The process can be rife with stress, particularly as family members try to balance the grief of their loved one’s death with the necessity of taking care of the deceased person’s estate. The following are some of the most common misconceptions regarding probate.

All Assets Have to Go Through Probate

One of the most common misconceptions about probate is that all assets must be addressed. In reality, only assets solely owned by the deceased and which did not have a designated beneficiary or joint owner must go through probate. Assets such as life insurance policies and retirement accounts with named beneficiaries are not subject to probate. The same is true for property placed in a trust.

Probate Is Always a Long and Expensive Process

While probate can be time-consuming and costly, that is not always the case. The length and cost of probate depend on several factors, including the complexity of the estate and whether there are any disputes among beneficiaries. In some cases, probate can be completed relatively quickly and inexpensively. 

A Will Is Not Necessary During Probate

While a will is a beneficial tool, it does not necessarily mean that probate can be avoided. Instead, a will serves as a guide for the probate court to distribute the deceased’s assets according to their wishes. 

When someone dies without a will, Texas law determines who inherits through a process called intestate succession. The state follows a specific order of priority, starting with a spouse and children, then moving to parents, siblings, and more distant relatives if no closer heirs exist. 

Probate Is Only Necessary for Large Estates 

Some people believe that probate is only essential for large estates. However, the size of the estate is not the determining factor in whether probate is necessary. As previously stated, any assets solely owned by the deceased without a designated beneficiary or joint owner must go through probate.

The Executor or Administrator Is Always Right

Many people assume that whoever is named executor of a will has the final say over everything. That is not how Texas law works. An executor has a legal duty to act in the best interests of the estate and everyone who stands to inherit from it. That duty is called a fiduciary duty, and it is taken seriously by Texas courts.

If an executor acts in their own interest, mismanages estate assets, ignores the terms of the will, or fails to communicate with beneficiaries, they can be held accountable. Beneficiaries have the right to ask a court to review the executor's actions. In serious cases, a court can remove an executor and appoint someone else to take over.

Wills Can Never Be Challenged

Some people believe that once a will is signed, it is permanent and beyond dispute. That is a misconception. Texas law allows interested parties to contest a will under certain circumstances (Texas Estates Code Sec. 256.204).

A will can be challenged on several grounds. If the person who signed it did not have the mental capacity to understand what they were doing, the will may not be valid. If someone pressured, manipulated, or deceived the person into signing, that may also give rise to a challenge. Fraud and improper execution are other recognized grounds. 

What Should You Do if You Have Been Named as Executor of a Will in Texas?

Being named executor is an honor, but it also comes with real responsibilities. Your first step should be to locate the original will and understand what it says. From there, you will need to file the will with the probate court in the county where the deceased lived.

You will also need to notify beneficiaries and creditors, take inventory of the estate's assets, pay valid debts, and eventually distribute what remains according to the will. These steps happen in a specific order, and missing one can create problems down the road.

Many executors find the process more complicated than they expected, especially when assets are spread across multiple accounts or when family members disagree about how things should be handled. Working with a probate attorney from the beginning can help you carry out your duties properly and protect yourself from personal liability.

When Does Probate Litigation Become Necessary?

Most probate cases move through the courts without major conflict. But disputes do arise, and some of them cannot be resolved through conversation alone. Litigation may become necessary when: 

• A will is contested.

• Beneficiaries believe an executor is acting in bad faith.

• Creditors make claims against the estate.

• Questions arise about whether a person had the legal right to inherit.

Disputes over property, business interests, and blended family dynamics can also pull a case into court.

Probate litigation can take months to resolve, even in the best-case scenario. No matter where you stand in a dispute, it helps to have skilled legal representation on your side. Our firm has trial experience, so you can rely on Attorney Geoff Mayfield to advocate for your interests in court.

Contact a Bexar County, TX Probate Attorney

Sorting through a loved one’s estate can be emotionally exhausting and legally complex. If you are looking for guidance through the probate process, reach out to Geoff Mayfield, Attorney at Law. Call 210-535-0870 for a free consultation with our Comal County, TX estate litigation attorney.