What Are the Most Common Challenges Families Face During Probate?

 Posted on July 30, 2026 in Estate Planning and Probate

Probate is a legal process that settles a deceased person’s estate. It involves multiple steps, such as inventorying assets, paying debts and taxes, and distributing remaining assets to beneficiaries. In most cases, probate is not an enjoyable process and can be very difficult for families. The process can be highly complex and stir up deep-seated emotional and familial conflicts, particularly if there is a dispute regarding the distribution of assets or interpretation of the will.

If you have any concerns about going through your loved one’s estate in court, be sure to contact a San Antonio, TX probate lawyer. Geoff Mayfield, Attorney at Law, represents both beneficiaries and fiduciaries, so you can trust him to handle your case with a full understanding of probate. As a solo practitioner, he gives each client his full attention.

What Is the Process of Probating an Estate in Texas?

The probate process usually begins when someone files an application with the probate court in the county where the deceased person lived. A hearing follows, and if the will is accepted, the court will appoint an executor to carry out its terms. If there is no will, the court appoints an administrator instead.

Once appointed, the executor or administrator must notify beneficiaries and creditors, take inventory of the estate's assets, and pay any valid debts. After debts and taxes are settled, the remaining assets can be distributed to the heirs or beneficiaries. Texas law sets specific deadlines for many of these steps, and missing one can slow down the entire process (Texas Estates Code Sec. 308.004).

What Kinds of Challenges Do Families Face in Probate?

When a loved one dies, the looming probate process can seem daunting. The following are just some of the challenges that many families face during probate:

• Time: Probate can take several months to complete. In some cases, the process may even take years. The time-consuming nature of the process can be extremely burdensome for families.
• Financial cost: Probate can be expensive due to various court fees, attorney fees, and other related costs. 
• Emotional stress: Probate can exacerbate emotional and familial conflicts. Any disagreement about asset distribution or disputes regarding the interpretation of the will add to the already stressful process. 
• Lack of privacy: Probate proceedings are public, which can feel deeply intrusive for families.
• Complexity: In many cases, probate is very complex since it involves lots of legal and financial paperwork. This can be overwhelming for families already dealing with losing their loved one. However, the complexity of the process can be reduced by guidance from a knowledgeable and compassionate attorney.
• Missing or misplaced documents: This can be troublesome for families and can elongate the entire process since time must be spent searching for the missing documents. In cases where someone dies without a will in place, you and your family may have no other option but to go through the intestate probate process. 

Geoff Mayfield, Attorney at Law, has the resources and skills to help you address these problems. Our goal is to help you reach a practical solution in an efficient manner.

How Is Probate Handled When a Loved One Dies Without a Will?

When someone dies without a will, they are said to have died "intestate." In these cases, Texas law decides who inherits the estate, rather than the deceased person's own wishes. This process is called intestate succession.

Under intestate succession, a surviving spouse, children, parents, or other relatives may inherit the estate, depending on the family situation. The exact distribution depends on factors such as whether the deceased was married, had children, or had children from a previous relationship. These rules can create confusion for blended families, and disagreements are common.

A court will appoint an administrator to manage an intestate estate. This person has many of the same duties as an executor. His or her duties include gathering assets, paying debts, and distributing property according to Texas law.

When Does Probate Litigation Become Necessary in 2026?

Most probate cases in Texas move forward without significant conflict, but not all of them. Litigation can become necessary when family members disagree about the validity of a will. It may also be necessary when an executor or administrator is accused of mismanaging estate assets. Other common reasons for probate litigation include: 

• Creditors disputing the value or existence of a debt
• Disputes over undue influence 
• Questions about a person's mental capacity at the time a will was signed 
• Conflicts between beneficiaries over how property should be divided

Blended families and stepchildren can also complicate an estate, especially when a will is unclear or outdated. Probate litigation can be emotionally difficult on top of being legally complex. Working with an attorney who understands both the legal requirements and the family dynamics involved can help protect your interests throughout the process.

Is Probate Always Needed?

Not every estate has to go through the full probate process. Texas law provides simplified options for smaller estates, and some assets can pass to beneficiaries without probate at all.

Assets held in a living trust, accounts with a named beneficiary, and property owned jointly with a right of survivorship generally do not require probate. Small estates may also qualify for a simplified process if the value of the estate falls below a certain threshold and other conditions are met.

Even so, many families find that some form of probate is necessary, particularly when real estate, disputed debts, or disagreements among heirs are involved. An attorney can review the details of an estate and help determine whether probate is required, and if so, what type of proceeding makes the most sense.

Contact a Bexar County, Texas Probate Attorney

Probate is a process most people dread having to go through. It is essential for families to understand the challenges they may face during probate and to consider seeking the help of a qualified attorney. Our San Antonio, TX estate litigation lawyer has the knowledge and insight necessary to help you through the entire process. Call 210-535-0870 for a free consultation with Geoff Mayfield, Attorney at Law.