Interested persons have standing to contest an estate

Only interested persons can contest estate proceedings in Texas. Persons who are not interested lack standing and the court will not hear their claims.

Generally speaking, examples of those who Texas law considers interested persons in in estate include:

  • Heirs: Heirs are individuals who would inherit from the deceased person if there were no will or other estate planning documents in place. In Texas, heirs have a right to contest a will or other estate planning documents if they believe that the documents do not reflect the deceased person's wishes or that they were executed under duress or undue influence.

  • Beneficiaries: Beneficiaries are individuals who are named in a will or other estate planning documents to receive property or assets from the estate. Beneficiaries can contest the proceedings if they believe that the will or other documents are invalid or that the executor or administrator is not properly administering the estate.

  • Creditors: Creditors can contest estate proceedings if they believe that the estate is not being properly administered or that the executor or administrator is not fulfilling their obligations to pay debts owed by the estate.

  • Executors or Administrators: Executors or administrators can also contest estate proceedings if they believe that the will or other estate planning documents are invalid or if they believe that other interested persons are interfering with the proper administration of the estate.

In Maurer v. Sayre, the Fort Worth Court of Appeals found that an alternate beneficiary of a life insurance policy was an interested person who could contest the decedent’s will. The case involved a dispute over the validity of a will and the designation of beneficiaries on three life insurance policies. The deceased signed change of beneficiary forms on the policies five months before her death, designating a trustee named in the will or her sister as beneficiaries. An alternate beneficiary claimed she had a significant interest in contesting the will as she might receive the insurance proceeds if the will was found invalid. The trial court dismissed her contest on the basis that she did not have standing as a person interested in the estate. The issue before the court of appeals was if her status as alternate beneficiary gave her standing to contest the will.

J. Michael Young