Can You Contest a Will in Texas?

 Posted on April 04, 2025 in Estate Planning

When a loved one passes away, his or her will should reflect his or her true wishes. However, in some cases, family members or heirs may believe the will is not valid. Maybe the will unexpectedly favors someone, leaves out close family members, or appears to have been created under suspicious circumstances. These types of disputes are emotionally and legally complex, but a Texas probate lawyer can help you take the right steps to protect your interests and ensure your loved one’s intentions are honored.

What Are the Legal Reasons for Contesting a Will in Texas?

Texas law allows people to contest a will if they have real grounds to believe it is invalid. According to Texas Estates Code § 256.204, a will may be challenged for several reasons, such as:

• Lack of Testamentary Capacity: The creator of the will, known as the testator, must have understood what he was doing when signing it. If the testator had dementia or another condition that impaired his understanding, the will may not be valid.

• Undue Influence: A will could be invalid if someone pressured or manipulated the testator into making decisions he would not have made.

• Forgery or Fraud: A forged signature or a will signed based on false information may be grounds for contesting.

• Improper Execution: A will that does not follow Texas’s specific formalities can be invalidated.

• Revocation: If the testator destroyed the will or created a new valid one, the older will may no longer be enforceable.

Who Is Allowed to Challenge a Will?

Only certain people can challenge a will. It is usually those who could gain money or property if the will is found invalid. Examples include:

• Heirs under Texas intestate succession laws, such as children, spouses, or parents

• Beneficiaries of a prior will

• Creditors with claims against the estate

If you are not one of these parties, the court will dismiss your challenge for lack of standing.

How Do You Begin the Process of Contesting a Will?

To contest a will in Texas, you must file a lawsuit in the probate court that is handling the estate. The timeline depends on whether the will has already been admitted to probate. If it has, you typically have two years from that date to file a contest.

Once the lawsuit is filed, witness statements, medical records, and any documents that help prove fraud, lack of capacity, or undue influence are gathered. These disputes may involve court hearings and possibly a trial.

What Happens If the Will Is Declared Invalid?

If the court finds the will to be invalid, it will look for a previously created valid will. If one exists, the estate will be distributed according to that document. If no valid will is found, the estate will pass under Texas intestate succession laws. This usually means the property will go to the deceased’s closest relatives.

Can a Texas Probate Dispute Be Resolved Out of Court?

Yes. Many probate disputes are settled through mediation or informal negotiation. These options can help families avoid lengthy court battles and reach a fair agreement.

Contact a Denton County, TX Probate Attorney

If you believe a loved one's will is invalid, you have the right to challenge it. The skilled Flower Mound, TX estate planning lawyer at Colbert Law Group PLLC can help you build a strong case and guide you through the probate process. Contact 972-724-3338 to learn how Attorney Stephen Colbert can assist you.