A Texas Supreme Court decision, Suday v. Suday, established a minor exception to this rule. In that case, Marybel Suday was the executor and sole beneficiary of her mother’s estate. She was originally represented by counsel in litigation relating to the distribution of estate property, as well as her parents’ divorce. However, Suday eventually decided that she did not want the lawyer to represent her and opted to handle the lawsuit herself. 

In its decision, the Texas Supreme Court noted that the rationale of the ban on executor pro se representation was the protection of third-party beneficiaries. Recognizing that there were no other heirs to her mother’s estate, the justices allowed Marybel Suday to represent herself, because the lack of professional counsel would not hurt anyone else. 

Even if a Texas executor who is also sole beneficiary may represent themselves pro se, it is wise to entrust probate litigation matters to a qualified attorney. Missteps can derail administration, undermine credibility with the court, increase costs and prolong disputes. In fact, Marybel Suday herself is a prime example of the problems that can arise without professional legal support.

After the state Supreme Court’s reversal on the pro se representation issue, Suday brought an appeal both on the estate’s behalf and hers personally as a beneficiary. This was not necessary or useful because her claims regarding her parents’ divorce were already rejected in her individual capacity. Moreover, the Court of Appeals in San Antonio stated in its decision that many of the case Suday cited to support her claim did not exist. This drives home that point that even where pro se representation is technically permitted, probate is a specialized, procedure-heavy arena best left to experienced attorneys.  

Grob & Associates Law Firm PC represents estates and beneficiaries in probate litigation actions from our North Texas offices in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online. 

Texas followed the lead of approximately 30 other states by establishing a Business Court in 2024. Currently comprised of 10 judges across the state, the Business Court is authorized to adjudicate commercial litigation matters where the amount in controversy is at least $5 million. Judges are selected based on their skill and experience handling complex business cases. 

Given their background and ability to focus exclusively on commercial matters, the judges should be able to resolve sophisticated issues in this area of law with more speed and consistency. In the closing weeks of the 2025 legislative session, Governor Greg Abbott signed SB29, a measure that dovetails with the Texas Business Court by strengthening protections for board decision-making and giving companies more control over where and how internal disputes are heard.

Unlike the past, when a single shareholder was able to commence legal action challenging a good-faith decision of a corporation’s board of directors, the new Texas law now only permits these claims when at least 3 percent of shareholders take part. 

Though not originally within its purview, the Business Court is now empowered to preside over complex intellectual property disputes where there is state court jurisdiction. This includes lawsuits brought pursuant to the Texas Uniform Trade Secrets Act.

As Texas aims to attract businesses from Delaware and other locations, there might be additional changes affecting business litigation. Though the Business Court has statewide jurisdictions, judges currently sit only in the following five cities: Dallas; Fort Worth; Houston; Austin and San Antonio. Companies might revise their internal and external practices so that more matters go before the Business Court, so it is possible that the roster of jurists expands. 

The knowledgeable attorneys at Grob & Associates Law Firm PC advocate for clients in various types of Texas business litigation cases. To discuss your particular issue, please call us at 972-777-5701 or contact us online. Our offices are in Rockwall and Wylie.