When a probate court grants a bill of review to set aside earlier orders, parties often assume they can immediately appeal that decision. After all, if the court has just vacated significant orders like determinations of heirship, shouldn’t that decision be reviewable right away? The case of St. John v. Hearne (Tex. App.—Houston [14th Dist.] Aug. 23, 2022) illustrates why granting a bill of review can just be the beginning, not the end, of the probate dispute.
Facts & Procedural History
Father had been married twice. His first marriage to Mother produced four children, including Daughter. After divorcing Mother, Father married Stepmother, and they allegedly adopted two children whose biological father was Son. Stepmother predeceased Father, who died in 2019.
Daughter filed an application for determination of heirship, claiming that Father’s four biological children were his only heirs, each entitled to a one-fourth interest in his estate. In August 2020, the probate court agreed, declaring the four biological children as Father’s heirs and appointing Daughter as independent administratrix.
Three months later, Son filed an application to probate a different will that named Stepmother as sole heir and provided that if she predeceased Father (which she did), the estate would pass to Son. When the probate court didn’t act on this application, Son filed a bill of review in April 2021, arguing he hadn’t received proper notice as Stepmother’s heir. The probate court granted the bill of review and vacated both its heirship determination and Daughter’s appointment as administratrix.
Understanding Bills of Review in Probate
A bill of review is an equitable proceeding to set aside a prior judgment that can no longer be challenged by a motion for new trial or appeal. In probate cases, bills of review serve an important function because interested parties sometimes don’t learn about probate proceedings until after key decisions have been made. The bill of review gives these parties a way to reopen the proceedings and assert their rights.
When Probate Orders Can Be Appealed
As discussed in other cases, probate orders must generally either: (1) be made final and appealable by statute, or (2) dispose of all issues in a particular phase of the probate proceeding to be appealable. The key question in St. John was whether an order granting a bill of review fits either category.
Why Granting a Bill of Review Isn’t Final
The appeals court explained that granting a bill of review merely “unwinds” earlier decisions—it doesn’t resolve the underlying disputes. Here, the probate court’s order vacated the heirship determination and administrator appointment, but didn’t address:
- The validity of the will Son wanted to probate
- A new determination of heirship
- Who should serve as administrator going forward
The order thus “set the stage” for resolving these issues rather than concluding a discrete phase of the probate. This made it interlocutory and not appealable.
Takeaway
The St. John case teaches that granting a bill of review in probate simply reopens previously settled issues—it doesn’t resolve them. Parties must wait until the probate court actually decides the underlying disputes before seeking appellate review. This ensures that appeals courts review final determinations rather than preliminary procedural steps.
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Disclaimer: The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.
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