When a person passes away, their assets and property must be distributed according to their will or, if they did not leave a will, according to state law. This process is known as probate. In Texas, probate proceedings take place in the probate court, and any disputes that arise during the process can be appealed to a higher court. Understanding the standard of review that applies to these appeals is crucial for any party involved in a probate dispute.
Background on Probate in Texas
In Texas, probate proceedings are governed by the Texas Estates Code. This code sets out the rules and procedures for the administration of a deceased person’s estate, including the appointment of an executor or administrator, the inventory and appraisal of the estate’s assets, the payment of debts and taxes, and the distribution of the estate’s assets to the heirs or beneficiaries.
Probate disputes can arise for a variety of reasons, including disputes over the validity of a will, disputes over the appointment of an executor or administrator, disputes over the distribution of assets, and disputes over the administration of the estate.
When a dispute arises during a probate proceeding, one or more of the parties may file an appeal with a higher court. This appeal is known as a probate appeal.
Standard of Review on a Texas Probate Appeal
The standard of review on a Texas probate appeal is the “abuse of discretion” standard. This means that the higher court will review the actions of the probate court to determine if the probate court’s decision was a clear abuse of its discretion.
An abuse of discretion occurs when the probate court’s decision is arbitrary, unreasonable, or without foundation in fact. In other words, the higher court will only overturn the probate court’s decision if it finds that the probate court made a decision that was not reasonable or that was not based on any factual evidence.
This standard of review is different from the “de novo” standard, which is used in some other types of appeals. Under the de novo standard, the higher court would review the case as if it were hearing it for the first time, without giving any deference to the lower court’s decision.
Texas Case Law
Estate of Glover, 744 S.W.2d 939 (Tex. 1988) is a Texas Supreme Court case that clarified the standard of review on a Texas probate appeal. The case involved a dispute over the distribution of assets in the estate of a deceased person.
The probate court issued an order distributing the assets of the estate according to the deceased person’s will. One of the beneficiaries of the estate, Mrs. Glover, filed an appeal with the higher court, arguing that the probate court’s order was incorrect.
The Texas Supreme Court, in addressing the standard of review for probate appeal, held that the proper standard of review for a probate appeal is the “abuse of discretion” standard. This means that the higher court will review the actions of the probate court to determine if the probate court’s decision was a clear abuse of its discretion.
The court held that an abuse of discretion occurs when the probate court’s decision is arbitrary, unreasonable, or without foundation in fact. In other words, the higher court will only overturn the probate court’s decision if it finds that the probate court made a decision that was not reasonable or that was not based on any factual evidence.
This case established that the standard of review on a Texas probate appeal is the “abuse of discretion” standard, which is a deferential standard and a higher court will only overturn the probate court’s decision if it finds that the probate court’s decision was arbitrary, unreasonable, or without foundation in fact.
Conclusion
Probate disputes can be complex and emotionally charged, and the outcome can have a significant impact on the distribution of a deceased person’s assets. Understanding the standard of review that applies to probate appeals in Texas is important for any party involved in a probate dispute. The “abuse of discretion” standard means that the higher court will only overturn the probate court’s decision if it finds that the probate court’s decision was arbitrary, unreasonable, or without foundation in fact.
Do you need to hire an Experienced Probate Attorney to help?
If you are the executor of an estate, or if you are a beneficiary of an estate that is being contested, you may need to hire an experienced probate attorney to help you. Probate attorneys have experience with the probate process and can help you navigate the legal system. They can also help you understand the different types of appeals and what the correct standard of review is for each type.
Call us today for a FREE attorney consultation at (469) 895-4333.
