Mediation and Probate

Yes, disputes about wills can go to mediation.

For example, if the children of a deceased person challenge a gift left to a survivor in a will, that scenario could go to mediation. Issues regarding wills and estates are generally settled in probate court. Still, mediation can be an alternative option if the other party is willing to negotiate or if the judge believes negotiation is possible.

Texas policy promotes the peaceful resolution of disputes to resolve pending litigation by using methods such as mediation and voluntary settlement procedures.

See Texas Civil Practice and Remedies Code 154.002.

A judge may order mediation in a probate case if they believe negotiation is possible and may help resolve the dispute. This can be an alternative to proceeding in probate court.

During a mediation, the mediator will talk to both sides to bring about an agreement that each party will agree with. There is a chance that this will not occur, and the proceedings will then occur in probate court.

Mediation occurs in a less formal setting than court. It can save time and money if you and the other party reach an agreement. In most situations, mediation can provide a legally enforceable outcome—similar to going to court.

A mediation agreement must be in writing to be enforceable. It also must comply with the requirements of Rule 11 of the Texas Rules of Civil Procedure.

While you can participate in a probate mediation without a lawyer, doing so may be unwise. You will likely need a lawyer's help to make sure your rights are protected, and to make sure that the final written agreement is enforceable.