Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Experienced Legal Counsel When You Need It Most

The one final judgement rule in TX probate cases

On Behalf of | Jul 5, 2022 | Probate And Estate Administration

A good number of complications can occur during the probate process. The plaintiff may want to change the estate administrator or disagree with the court judgement. In Texas, appealing a probate case can complicate the process further.

The validity of an appeal

An appellate court in Texas has claimed that it lacks control and jurisdiction over the decisions of a probate court. When deciding who should assume the role of an estate administrator and how to vacate the appointment of a successor administrator, the appellate court is not entirely qualified to decide the outcome. Probate cases are exceptions to the one final judgment rule, according to some appellate judges.

The appeals process

The filing of an appeal is the alternative option to retrying a case. A written request is made within a certain number of days after the judgment. The judge reviews the decision of the lower court and decides to agree or disagree. The appellate court has several options to make when determining the outcome. The judge can decide to uphold the judgment, reverse the decision or order a new trial.

Each state has differences in the laws that involve probate & estate administration/planning. Texas provides several options for estate owners to avoid probate courts altogether. The state allows a simplified probate process and an independent administration of an estate.

Settling a decedent’s estate through probate may result in an appeal. However, the one final judgment rule can block the ability of an appellate court to hear probate proceedings. The rules for appealing probate cases are interpreted differently by different state courts. An appellate court does not always have the jurisdiction to finalize the decisions of lower courts.