If you’re wondering how to fire your probate attorney in Texas, you’re likely feeling frustrated, confused, or maybe even betrayed. Maybe your lawyer hasn’t returned your calls in weeks. Perhaps you feel more in the dark now than when you started the probate process. Or maybe you’re just tired of having your concerns ignored. Whatever the reason, the lack of trust in a legal relationship can make an already emotional probate process even more overwhelming.
Here’s the good news: you have the legal right to fire your probate attorney in Texas, and you don’t need a dramatic courtroom showdown to do it. The law is on your side when it comes to choosing—or changing—who represents your interests in court.
Let’s break it all down in plain English—how to spot red flags, protect yourself legally and financially, and smoothly transition to a new attorney who will actually fight for your interests. With the right approach, you can regain control of your case and feel confident moving forward.
Why People Consider Firing Their Probate Attorney
So why do Texans start researching how to fire their probate attorney? Probate isn’t just legal—it’s deeply emotional. You’re grieving, maybe juggling family tensions, and on top of that, trying to interpret court documents and deadlines.
When your attorney adds confusion rather than clarity, the frustration builds.
Here are the most common reasons clients in Texas decide to make a change:
- Lack of communication: You’ve left voicemails, sent emails, and waited with no updates in sight.
- Unclear billing: If invoices look vague or include questionable charges, that’s a warning sign.
- Delays in action: Has the process stalled without any solid explanation?
- Unfamiliarity with local procedure: A probate lawyer who doesn’t understand the specific rules in Harris County versus Denton County could cost you both time and money.
- Disrespect or dismissal: If you’re being talked down to or ignored, that’s unacceptable.
Probate cases can drag on for months or even years. If your attorney is adding stress instead of helping carry the load, it may be time to reevaluate.
Yes, You Have the Right to Fire Your Probate Attorney
Let’s clear this up: you can fire your probate attorney at any point. It doesn’t matter if your case is just beginning, midstream, or approaching a final hearing—Texas law protects your right to change representation.
However, don’t act on impulse. If you’re seriously considering how to fire your probate attorney in Texas, following a few strategic steps will help you avoid legal or financial backlash.
Step 1: Review Your Attorney-Client Agreement
Start with your contract. When you hired your attorney, you likely signed a retainer agreement. This document outlines the scope of legal services, how billing works, and each party’s responsibilities.
Check for clauses about termination. Does it mention early termination fees? Does it require written notice? How are outstanding invoices or case files handled?
If the wording is unclear, have another attorney review it before you take action. A second opinion doesn’t just provide clarity—it protects you from surprises.
Step 2: Find a Replacement Before You Fire
If your case is in motion, firing your attorney before finding a new one can leave you vulnerable. Courts won’t delay hearings just because you’re between lawyers.
Do your homework first:
- Research local probate attorneys in your Texas county.
- Schedule consultations and ask about their experience with similar cases.
- Choose someone who communicates clearly and understands the local court’s preferences.
Waiting to secure a new attorney before terminating the current one ensures continuity and keeps your case from falling apart mid-process.
Step 3: Send Written Notice of Termination
Ending a professional relationship with your lawyer isn’t like ending a friendship. It requires a formal, written notice in Texas.
Your letter should be short and direct. Include the following:
- Your full name and the probate case number
- A clear statement that you’re ending the attorney-client relationship
- A request for all files related to your case and any unused portion of your retainer
- Mailing instructions for transferring case materials (typically to your new attorney)
No need to explain your reasons or express emotions. Keep it simple and professional—this is business, not personal.
Step 4: Request a Final Invoice and Your Case File
Once you’ve submitted the termination notice, immediately request a final itemized invoice and a full copy of your case file. This ensures two key things:
- Billing clarity: You want to verify that you’re only paying for work your former attorney actually performed.
- Seamless transition: Your new lawyer needs those documents to pick up the case without missing a beat.
According to the Texas Disciplinary Rules of Professional Conduct, your attorney must return your property, including case files—even if there’s a fee dispute. If they refuse, you have the right to file a grievance with the State Bar of Texas.
Real Story: When Probate Went Sideways
Let’s take a look at Carla’s experience. She hired a probate attorney in Dallas County after her mother passed away. Initially, things seemed fine. But weeks turned into months with no updates. Deadlines passed without explanation. Once, she even showed up for a court hearing her attorney had forgotten to schedule.
Fed up and embarrassed, Carla searched “how to fire your probate attorney in Texas.” She hired someone new, sent a direct termination letter, and requested her files. Within a month, her new attorney had the probate back on track—and even discovered a $50,000 life insurance policy the original lawyer had overlooked.
Carla didn’t lose time—she regained control.
What Happens in Court After You Fire Your Attorney?
Texas probate courts handle attorney changes all the time. Once your termination notice is submitted and your new lawyer files a Notice of Appearance, the court updates its records accordingly. This administrative change typically takes place quickly, ensuring minimal disruption to your case.
No hearing. No drama. No public spectacle. The process is routine and handled behind the scenes by court clerks and probate staff.
If there’s an upcoming court date, your new attorney may file a motion for a short continuance to prepare—especially if your former attorney caused delays or neglected your case. Judges are usually understanding, especially when the switch is aimed at keeping the case on track.
What If the Court Appointed Your Attorney?
Some probate cases—especially guardianship or contested estates—involve court-appointed lawyers. These attorneys may represent minor children, incapacitated adults, or unknown heirs. Their role is to act in the best interest of the person or estate they were appointed to serve.
Can they be fired?
That depends. If you’re the person being represented and believe your court-appointed lawyer is not acting in your best interest, your new attorney can file a Motion to Substitute Counsel. Judges in Texas will consider it, especially if you can show negligence, a conflict of interest, or a breakdown in communication. Be prepared to provide documentation or examples that support your request for a change.
Common Myths About Firing a Probate Attorney
Let’s tackle a few myths floating around the topic of firing your probate attorney in Texas:
Myth 1: “I’m stuck—I can’t switch this late in the case.”
Reality: Unless your case is closed, it’s never too late to make a change.
Myth 2: “I’ll lose all the money I’ve already paid.”
Reality: You’re entitled to a refund of any unearned portion of your retainer.
Myth 3: “The judge will think I’m difficult.”
Reality: Judges care more about whether your case is being handled efficiently.
Myth 4: “Other lawyers won’t want to take me on.”
Reality: Good attorneys know that sometimes switching is necessary. It’s not personal—it’s practical.
Signs You’ve Found the Right Probate Attorney This Time
After going through the process of learning how to fire your probate attorney in Texas, you’ll want to ensure you’ve picked a better fit the second time around.
Here are the signs you’ve found the right one:
- They return your messages within a reasonable timeframe
- Legal terms and timelines are explained clearly
- You receive realistic expectations—not sugar-coated promises
- Billing practices are transparent and upfront
- They’re familiar with local probate court procedures
- Most importantly, they treat you with respect
If your new attorney checks these boxes, you’re in good hands.
What If Hiring a New Attorney Is Financially Difficult?
Money shouldn’t leave you stuck with poor legal representation. If cost is a barrier, explore these options:
- Reach out to Texas legal aid organizations that assist with probate matters
- Ask attorneys about limited-scope representation, which can reduce overall fees
- Consider mediation to resolve disputes without full-blown litigation
- See if your county offers court-appointed probate counsel in guardianship cases
You have more choices than you might think—and many options come with reduced costs.
Conclusion: Take Control of Your Probate Case Before It Controls You
If you’ve made it this far, chances are you already know your current attorney isn’t working out. Learning how to fire your probate attorney in Texas isn’t just about firing someone—it’s about standing up for your rights and your peace of mind.
A probate case is challenging enough. You deserve an attorney who communicates clearly, understands local rules, and treats you with the dignity and respect you deserve. The longer you stay with someone who doesn’t serve your interests, the harder the process becomes.
So take a deep breath, follow the right steps, and make the switch. Firing your probate attorney might just be the smartest move you make in protecting your family’s future.
