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What If a Sibling Will Not Sign for Probate in Texas? (2025 Guide)

Settling a loved one’s estate is hard enough without family drama. But what if your sibling refuses to sign the probate documents?

Can you still move forward? Do you need their permission? Are they trying to block everything—or just being difficult?

Here’s what you need to know about probate in Texas when a sibling won’t cooperate.

First, Why Do Siblings Need to Sign?

In most Texas probate cases, siblings (or other heirs) are asked to:

• Sign a waiver of notice

• Consent to the appointment of an executor or administrator

• Acknowledge they’ve received a copy of the will (if there is one)

These signatures help speed up the process—but they aren’t always required.

Key Point: Probate Can Still Proceed Without Their Signature

Texas courts don’t require every heir to sign off in order for probate to happen.

If your sibling won’t sign:

• You can still file the will and apply to open probate.

• The court will hold a hearing.

• Your sibling will be notified and can choose to appear or not.

If no one contests, the court can move forward without them.

Two Types of Probate Administration

1. Independent Administration (Faster, Less Court Involvement)

Usually requires agreement from the heirs.

If your sibling won’t consent, you might not qualify.

2. Dependent Administration (More Supervision)

Used when:

• Heirs don’t agree

• The will doesn’t name an independent executor

The court oversees every step: inventory, payments, distributions, etc.

Slower and more expensive—but it gets the job done.

What If Your Sibling Is Contesting the Will?

That’s a bigger issue.

A sibling may refuse to sign because they:

• Disagree with the will

• Suspect undue influence or fraud

• Want a different executor

In that case, they may file a will contest or object to the proposed administrator. The court will schedule a hearing and decide based on evidence.

Real-Life Example: One Sibling, Two Outcomes

Karen filed to probate her mother’s will in Harris County. Her brother refused to sign because he didn’t want her as executor. He didn’t show up to the hearing, and the court appointed Karen anyway.

In another case, Brian challenged his sister’s petition, claiming their dad’s will was forged. The court held a full hearing and ultimately sided with Brian.

Every case is different—but silence doesn’t stop the process.

What You Can Do If a Sibling Won’t Cooperate

• File the will anyway. You don’t need their signature to start.

• Notify all heirs. The court requires this.

• Request dependent administration, if needed.

• Hire a probate attorney to prepare filings and represent you at the hearing.

• Try to mediate. Sometimes a neutral third party can break the deadlock.

When to Involve a Lawyer

If you suspect a will contest—or if emotions are running high—it’s time to call in a probate lawyer.

An attorney can:

• Help you file for probate without your sibling’s signature

• Prepare for hearings

• Respond to formal objections

• Protect your rights as an executor or heir

How The Lange Firm Can Help

At The Lange Firm, we help Texas families:

• Navigate probate when heirs won’t cooperate

• Respond to will contests or disputes

• File for dependent administration when needed

• Resolve estate conflicts as efficiently as possible

Whether you’re trying to settle a simple estate or manage a family standoff, we’ll guide you every step of the way.

Final Takeaway

You don’t need your sibling’s signature to start probate in Texas—but you do need to be prepared.

With the right legal strategy, you can move forward and protect your loved one’s legacy—even if everyone isn’t on board.

Contact The Lange Firm for help handling probate when a sibling refuses to cooperate.