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What If an Heir Will Not Sign a Form for Probate in Texas? (2025 Guide)

Probate already feels like a headache. Throw in an uncooperative heir who refuses to sign a form, and suddenly you’ve got a full-on legal migraine.

If you’re trying to get through probate in Texas and a sibling, cousin, or other heir won’t sign the waiver or consent forms, don’t panic. You’re not stuck—but you will need to take a few extra steps.

Here’s what’s really going on, what your options are, and how to keep the process moving forward.

Why Do Heirs Need to Sign Probate Forms?

When someone dies in Texas, probate may require certain documents to be signed by heirs or beneficiaries, depending on:

• Whether there’s a will

• The type of probate (independent vs. dependent administration)

• The form of administration being requested (e.g., waivers of service, consents, etc.)

These forms help the court:

• Confirm that everyone has been notified

• Appoint an executor or administrator

• Approve the proposed estate plan or settlement

But if one heir refuses to cooperate, things can slow down—but not stop completely.

Common Scenarios Where an Heir Refuses to Sign

• They think the will is unfair

• They’re holding out for leverage

• They distrust the executor

• They want to challenge the will

• They’re hard to locate or non-responsive

• There’s a family feud (big shocker)

Whatever the reason, Texas law doesn’t let one person derail the entire probate process forever.

What Can You Do If an Heir Won’t Sign?

1. Proceed Without Their Signature (With Court Oversight)

If the person refuses to sign a waiver or consent form, you may need to:

• Serve them formally with a citation (legal notice of the probate filing)

• Let the court know that they’re contesting or refusing to participate

• Ask the court to move forward with or without their cooperation

In many cases, the probate court will allow the process to continue after the heir has been notified—even if they never sign a thing.

2. File for Dependent Administration

If independent administration (the easier route) isn’t possible due to lack of cooperation, the court may require a dependent administration, where:

• The executor has to get court approval for most actions

• It’s more costly and time-consuming

• It allows better court supervision when heirs don’t get along

It’s not ideal—but it may be necessary if trust is low.

3. Prove They Were Properly Notified

Texas probate law requires notice, not consent. If you can prove the heir was properly served and informed, the process can often continue even if they never respond.

Proof of service can include:

• A signed certified mail receipt

• A sheriff’s return of service

• An affidavit from a process server

What If the Heir Contests the Will?

That’s a different ballgame.

If an heir actively challenges the validity of the will, they may:

• Claim undue influence or fraud

• Argue that the decedent lacked capacity

• Dispute the document’s authenticity

This can lead to formal litigation, mediation, or even trial.

You’ll need a probate attorney to:

• Respond to the contest

• Gather evidence (medical records, witness affidavits, etc.)

• Defend the executor or estate’s position

Real-Life Example: The Silent Brother

After their mother died, Carla was named executor in her will. Her brother refused to sign the waiver of citation—he didn’t want the responsibility and wasn’t happy with the will.

Rather than delay everything, Carla’s attorney filed for probate and had him served officially. He never showed up to court, and the judge allowed Carla to proceed without his signature.

The estate was probated and closed within nine months.

When to Bring in a Lawyer

You should contact a probate attorney if:

• You’re dealing with an uncooperative heir

• The court is requesting dependent administration

• You anticipate a will contest

• You need help serving notice or filing forms

An experienced attorney can guide you through:

• Choosing the best probate route (independent vs. dependent)

• Filing citations or proof of service

• Keeping things legal and on track

How The Lange Firm Can Help

At The Lange Firm, we help families across Texas:

• Navigate messy probate situations

• Serve or notify uncooperative heirs properly

• Defend wills against contests

• Move probate forward even when others stall

We’ll work to get your case resolved as efficiently and fairly as possible—without letting family drama stop everything.

Final Takeaway

One heir refusing to sign doesn’t have to derail your probate case.

Texas law gives you tools to move forward—even if someone’s being difficult.

Contact The Lange Firm today to handle contested probate, missing signatures, and family disputes with clarity and confidence.