Sometimes a will does not reflect what a loved one truly wanted — because they were pressured, were not of sound mind, or the document was not signed properly. Texas law lets an interested person challenge a will, but the deadlines are strict and the grounds are specific.
The Deadline
In general, a will contest must be filed within two years of the date the will was admitted to probate — not the date of death. A common misconception is that the clock starts when the person dies; it actually starts when the judge signs the order admitting the will. For a will procured by forgery or fraud, the two years can run from when the fraud was discovered, and the deadline is tolled for someone who was legally incapacitated.
Grounds to Contest
- Lack of testamentary capacity — the person did not understand what they were signing or what they owned
- Undue influence — someone pressured or manipulated the person into the will
- Improper execution — the will was not signed and witnessed as Texas law requires
- Forgery or fraud
- A later valid will that revoked the one admitted to probate
Who Can Contest
Only an interested person may contest — someone whose inheritance would change depending on whether the will stands, such as an heir under Texas intestate succession or a beneficiary of a different will. Disappointment alone is not enough; you must have a real stake and real evidence.
Why Good Drafting Prevents Contests
Many contests trace back to a homemade or poorly drafted will. A properly executed will with a self-proving affidavit is far harder to challenge, which is one more reason to have a will drafted correctly in the first place.
Frequently Asked Questions
How long do I have to contest a will in Texas?
Generally two years from the date the will was admitted to probate, not the date of death. For forgery or fraud, the two years can run from when it was discovered.
What are grounds to contest a will in Texas?
Common grounds include lack of testamentary capacity, undue influence, improper execution, forgery or fraud, and a later valid will that revoked the earlier one.
Who can contest a will in Texas?
Only an interested person, meaning someone who would inherit or lose out depending on the will’s validity, such as an heir or a beneficiary of another will.
Talk With a Texas Probate Attorney
Concerned a will does not reflect your loved one’s true wishes? Let’s review it together. Call 713-955-6182 or contact The De Leon Law Firm to get started.