Contesting a will in Texas
Contesting a will isn’t about stirring up conflict—it’s about making sure your loved one’s true intentions are honored. If something about a will doesn’t sit right—maybe you were left out unexpectedly, or a new will appeared under suspicious circumstances—you’re not alone. And you do have legal options.
At Texas Probate Litigation, we help individuals and families across Texas stand up for what’s right when a will doesn’t reflect the truth.
What Is a Will Contest?
A will contest is a legal process used to challenge the validity of a will in court. In Texas, only someone with a financial or legal stake in the estate can file. Common reasons for a contest include:
Undue Influence – The testator (the person who made the will) was pressured or manipulated.
Lack of Testamentary Capacity – The testator wasn’t of sound mind when they signed the will.
Improper Execution – The will wasn’t properly signed or witnessed under Texas law.
Fraud or Forgery – A fake or altered document is being passed off as the real will.
Multiple Wills – Conflicting versions exist, and it’s unclear which one should stand.
Who Can Contest a Will in Texas?
Only certain people—called “interested persons”—can contest a will. That may include:
Heirs at law (people who would inherit if no will existed)
Named beneficiaries in the current or a prior will
Creditors of the estate
Individuals with legal claims based on contracts or relationships (including alleged common-law spouses)
If you’re unsure whether you have standing, speak with a probate litigation attorney to clarify your options.
What’s the Deadline to Contest a Will?
In most cases, a will must be contested within two years after it’s admitted to probate in Texas.
But there are exceptions. If, for example, you uncover fraud after that two-year window, you may still be able to bring a case. The clock starts ticking as soon as the will enters probate—so don’t wait.
What Happens During a Will Contest?
Here’s how the process typically unfolds:
Filing the Lawsuit – The case begins when you file in probate court.
Discovery – Both sides gather evidence: witness statements, medical records, handwriting analysis, etc.
Mediation – Courts often require mediation before trial to try and reach a resolution.
Trial – If mediation fails, the case goes to court, where a judge or jury decides the will’s validity.
Should You Hire a Lawyer?
Yes—absolutely. These cases are legally complex and emotionally charged. An experienced Texas probate litigation attorney can:
Review your claim and outline a strategy
Gather vital evidence
Navigate court rules and deadlines
Represent you in court or mediation
Fight for your rights and a fair resolution
Why Work With Texas Probate Litigation?
This is all we do. We don’t draft wills or handle routine estate cases. We focus 100% on probate disputes—wills, trusts, estates, and inheritance rights.
Every case is personal. Whether you're defending a valid will or challenging one that doesn’t seem right, we’ll stand beside you from day one to the finish line.