How to Contest a Will in Texas

Challenging a will in Texas means filing a legal claim that questions whether the will is valid and enforceable. A person may file a challenge if they believe the will does not reflect the deceased’s true wishes, or if its creation was under questionable circumstances, such as pressure from another person, lack of mental clarity, or improper signing. How to contest a will in Texas involves following specific procedures, deadlines, and evidence requirements.

At Henington Lewis Law Firm PLLC, we understand that disputes over a loved one’s estate can be stressful and emotional. Led by attorney Samantha Lewis, who brings nearly a decade of legal experience and personal insight into probate matters, our firm focuses on estate and legacy planning and probate litigation. We help families protect their loved ones, resolve conflicts, and guide them through the probate system.

Wills and the Texas Probate Process

Probate is the court-supervised process of identifying a deceased person’s (“decedent”) property, paying debts, and distributing assets according to their will or state law if the individual did not leave one. After someone dies, their loved ones should bring their will to probate court and begin the administration of their estate.

Before the court allows the decedent’s loved ones to begin estate administration, it must determine whether the offered will is legally valid. Those interested in the estate, meaning people entitled to a portion of the estate’s assets, can raise will contests during this period. The probate court must then decide whether the will is legally valid.

If the court concludes the will is legally valid despite the challenge, the probate process continues. If the court concludes the will is not legally valid, the process may continue under a previous version of the will or state law.

Reasons for Contesting a Will

Several legal grounds exist for challenging a will. To make a successful contest, you must raise a specific legal claim and provide evidence supporting that claim, such as:

• Lack of testamentary capacity. This occurs when the person creating the will does not fully understand what property they own, who their natural heirs are, or the effect of signing a will.
• Undue influence. A will may be invalid if someone pressured, manipulated, or controlled the person into making decisions they would not have otherwise made. Courts often look for signs that the will’s creator depended on the influencer.
• Fraud or forgery. If someone tricked the decedent into signing under false pretenses or forged their signature, it is invalid.
• Failure to follow legal formalities. Texas law requires formalities, such as signatures from two witnesses, to make a valid will. If someone failed to follow these rules, the will is invalid.
• Multiple wills or conflicting documents. If more than one will exists, the court must determine which, if any, is legally valid.

Each of these grounds requires specific evidence in court, and the success rate of contesting a will in Texas depends on the strength of the evidence and the circumstances of the case. The person contesting the will has the burden of proof, meaning they are responsible for offering enough evidence to convince the judge of their claims.

How to Contest a Will in Texas

The process of contesting a will involves several key steps, including:

• Confirm you have the right to contest the will. Only “interested parties” may contest a will, such as heirs, beneficiaries, and anyone who would inherit under Texas law if the will were invalid.
• File a contest with the probate court. Submit a written petition to the court handling the estate, clearly stating the legal grounds for your challenge.
• Gather supporting evidence. Courts require proof that backs up your claims. Evidence may include medical records showing mental decline, testimony from witnesses, or financial records.
• Participate in hearings and mediation. Both sides present arguments at a hearing. The judge may also order mediation, a structured negotiation process with the help of a neutral third party.
• Await the court’s decision. After reviewing evidence and arguments, the court rules the will is valid.

Each of these steps requires careful preparation. Whether a court concludes a will is invalid depends on how convincing the evidence the will contestors offer is.

How Long Do You Have to Contest a Will in Texas?

Timing is one of the most important factors when contesting a will in Texas. In most cases, you must file your challenge within two years of the court admitting the will to probate, meaning the court officially recognizes and accepts it. If you wait longer, the court typically dismisses your claim.

There are limited exceptions to this deadline. For example, if someone forged a will or concealed the existence of a later valid will, the two-year rule does not apply. In those cases, the clock usually starts when someone discovers the fraud or the later will. Acting quickly helps preserve your rights and ensures that evidence remains available.

What Are My Chances of Success in Contesting a Will?

State courts presume that a properly executed will is valid. Because of this presumption, challenges without compelling evidence often fail. Whether you are successful in contesting a will in Texas varies based on the facts of each case. Those with strong legal representation and thorough evidence have a higher chance of success.

Moving Forward with Confidence

Challenging a will is never easy. It involves emotional strain, complex laws, and strict deadlines. At Henington Lewis Law Firm PLLC, we help families in Texas navigate these challenges with compassion and determination. Samantha brings professional training and understanding of probate disputes, making our firm a trusted partner in protecting your loved one’s true intentions.

If you are wondering how to contest a will in Texas, our firm is here to help. Contact Henington Lewis Law Firm PLLC today to schedule a consultation and learn how we can help.