An inheritance lawyer, also known as a probate or estate lawyer, is a state-licensed attorney who helps personal representatives and heirs of estates handle the estate of a deceased person. An inheritance lawyer can be involved in various capacities based on the specific details of an estate.
A probate lawyer’s role in settling an estate often depends on whether the deceased person left a last will and testament that disposes of their assets. If the decedent did have a will, a probate lawyer might help the personal representative collect and distribute assets. If there is no will, a lawyer can help heirs file a proceeding to receive their inheritance.
However, for estates where there are disputes over the validity of the will or other litigation may be necessary, it is essential that you work with an attorney who focuses their practice on probate litigation. Many probate lawyers are transactional attorneys, which means they spend most of their time drafting and executing legal documents. Most have little to no experience litigating disputes.
An entirely different skill set is needed to successfully litigate inheritance issues. So if you are involved in a contested estate, make sure the attorney you choose has ample experience handling those kinds of cases.
What Is the Statute of Limitations on Inheritance?
In situations where an individual dies without a will, there is no statute of limitation on when an heirship proceeding can be initiated to determine the decedent’s heirs and distribute property. If there is a will, generally, an interested party must file a will for probate within four years after the decedent passes away.
Questions about probate law?
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Overseeing the administration of a trust?
Involved in a trust dispute?
Are you a will or trust beneficiary?
RMO attorneys provide legal guidance in contested probate matters.
Serving clients across California and Texas
RMO experienced attorneys will advocate for your rights and interests.
Serving clients across California and Texas
RMO attorneys can guide you through the complexities of trust administration processes.
Serving clients across California and Texas
RMO offers professional legal representation to protect your interests.
Serving clients across California and Texas
RMO provides legal support to ensure your rights are upheld and your inheritance is protected.
Serving clients across California and Texas
How Long Does a Beneficiary Have To Contest a Will?
In Texas, a beneficiary has two years from the date the order is signed admitting the will to probate to contest a will. The clock does not start when the decedent passes away or when the will is filed to probate. The statute of limitations only begins to run after a hearing is held, and a judge signs the order admitting the will to probate.
However, this does not mean that you must wait until a will has been admitted to probate to contest it. If you contest the will before it is admitted or filed, you may be able to prevent the will from being admitted to probate at all. But even if you miss your chance and the will gets admitted, you still have two years from the date of admission to contest it. In any contested estate, make sure you work with an attorney with strong experience in probate litigation and inheritance law—an inheritance lawyer can handle both will contests and asset distribution disputes.
How Much Does a Probate Litigation Lawyer Cost?
The cost for a probate litigation lawyer’s services will vary depending on factors like the complexity of the case, the strength of your opposition’s case, and how much time it will take to litigate. Probate litigation attorneys typically bill hourly for their services, and fees and costs can rise quickly, particularly when a case goes to trial. However, some probate litigation lawyers offer alternative fee agreements, such as contingent and hybrid structures.
If you have limited funds to spend on probate litigation, you may want to consider retaining a lawyer to advise you on whether your case has merit. Wills can only be contested under certain circumstances, and a probate litigation lawyer—or an inheritance lawyer with experience in trust and estate disputes—can help you evaluate whether your case is worth pursuing, explain your legal options, and provide a realistic estimate of potential costs before you commit.
Frequently Asked Questions
Inheritance lawyers manage legal issues surrounding the distribution of a deceased person’s estate to heirs and beneficiaries. Their work includes contesting wills, resolving trust disputes, enforcing or challenging fiduciary duties, and settling creditor claims against the estate. They also assist with interpreting ambiguous provisions, handling contested inheritances, and negotiating settlements among heirs. In short, they bridge the gap between estate planning and litigation when conflicts arise.
When selecting an inheritance lawyer, experience in probate and estate litigation is essential — not just transactional work. You should evaluate:
• Their track record in contested matters.
• Knowledge of local probate court rules and judges.
• Fee structure (hourly, contingency, hybrid) and transparency in billing.
• Comfort and confidence in their communication and strategy.
An inheritance lawyer who understands both the legal and interpersonal elements of family disputes can make a meaningful difference in outcome.
While their roles overlap, an inheritance lawyer and a succession planning attorney serve somewhat different focuses. An inheritance lawyer typically handles disputes, contests, and litigated issues after someone’s death. A succession planning attorney, by contrast, works proactively to design wills, trusts, and estate plans to minimize conflict and preserve assets during the grantor’s lifetime. Some attorneys specialize in both roles, but knowing which service you need (planning vs dispute) helps you choose the right counsel.
A succession planning attorney assists clients in organizing and structuring their estate to ensure smooth transfer of assets upon death. Their tasks include drafting wills, creating trusts, selecting beneficiaries, and planning for tax or Medicaid implications. They also frequently advise on powers of attorney, healthcare directives, and business succession strategies. The goal is to avoid probate, reduce disputes, and give clients peace of mind that their intentions will be honored.