Apr 03

Can You Contest a Will in Texas? What You Need to Know

Estate disputes do not happen in every family, but when they do, they can be among the most painful and expensive legal situations a family faces. Grief is already hard. Adding a courtroom to the picture makes it harder.

Will contests — formal legal challenges to the validity of a will — are more common than most people realize, and Texas courts take them seriously. If you believe a loved one’s will does not reflect their true intentions, the law gives you a process for raising that concern. But it also sets clear limits on who can bring a challenge, on what grounds, and within what time frame.

Here is what you need to know.

What Is a Will Contest?

A will contest is a formal legal proceeding in which someone challenges whether a will is valid. It is filed in the probate court handling the estate and can happen either before or after the will has been admitted to probate.

It is important to understand what a will contest is not. It is not a disagreement about whether the distribution is fair. It is not a challenge to the amount someone inherited versus someone else. A will contest is specifically about whether the will itself is legally valid — whether it was properly made, whether the person who made it had the legal capacity to do so, or whether something improper influenced its creation.

Who Can Contest a Will in Texas?

Not everyone can bring a will contest. Texas law requires that the person challenging the will have “standing” — meaning they must have a legal or financial interest that would be affected by the outcome.

People who typically have standing include:

• Heirs at law — people who would inherit if the will were declared invalid and the estate passed under intestacy
• Beneficiaries under a prior version of the will
• Creditors of the estate in some circumstances

People who are simply unhappy with how the estate was distributed — but who would not benefit from the will being voided — generally do not have standing to contest it.

Grounds for Contesting a Will in Texas

Texas courts recognize several specific legal grounds for contesting a will. A challenge that does not fit one of these categories will not succeed, no matter how unfair the distribution may seem.

Lack of Testamentary Capacity

For a will to be valid in Texas, the person who made it must have had testamentary capacity at the time of signing. This means they must have understood the nature of making a will, the general extent of their property, who their natural heirs are, and how these elements fit together.

A diagnosis of dementia, Alzheimer’s, or another cognitive condition does not automatically mean someone lacked testamentary capacity. Courts look at whether the person had capacity at the specific time the will was signed — not their general condition before or after. Medical records, witness testimony from the signing, and expert testimony are all relevant.

Undue Influence

Undue influence occurs when someone exerts so much pressure on a testator that the resulting will reflects the influencer’s wishes rather than the testator’s own. This goes beyond ordinary persuasion or family discussion. It involves coercion, manipulation, or isolation that effectively overpowers the testator’s free will.

Undue influence claims often arise when an elderly or ill person changes their will late in life — particularly when the change benefits a caregiver, a new romantic partner, or one family member at the significant expense of others. Courts look at the nature of the relationship, the opportunity to exert influence, and whether the will’s terms make sense in light of the testator’s previous expressed wishes.

Fraud

A fraud-based will contest claims that the testator was deceived in some way that affected the will’s content. This might mean they signed a document they were told was something other than a will, or that false information was given to them about a beneficiary that led them to change their distribution.

Improper Execution

Texas has specific requirements for how a will must be signed and witnessed. A typed will must be signed at the end by a competent testator in the presence of at least two credible witnesses who are at least 14 years old, who must also sign in the presence of the testator and each other. If these formalities were not followed, the will may be challenged on execution grounds.

Our post on why you should not use an AI will discusses the execution requirements in more detail. Even a well-written document can be invalid if the signing ceremony was not handled correctly.

Forgery or Revocation

A will can be contested on the grounds that it is a forgery, or that the testator properly revoked it before death — for example, by destroying it or executing a newer will. If a more recent will exists, the older one is generally superseded.

The Timeline: How Long Do You Have?

Timing is critical in Texas will contests. The general rule is that a will contest must be filed within two years of the date the will was admitted to probate. There are some exceptions for fraud that was not discovered until later, but those exceptions are narrow.

If you believe you may have grounds to contest a will, do not wait. Evidence becomes harder to gather over time. Witnesses forget details. Assets can be distributed before a contest is filed, complicating any recovery.

What the Process Looks Like

A will contest is handled in the probate court that has jurisdiction over the estate. The person bringing the challenge — called the contestant — files a legal petition laying out their grounds. The executor or administrator of the estate, and often the beneficiaries, become parties to the proceeding.

The case may involve depositions, document discovery, expert witnesses (particularly medical experts in capacity cases), and ultimately a hearing before the probate judge. Some cases are resolved through settlement. Others go to full trial.

This is not a process you want to navigate without an attorney. The rules of evidence and procedure in probate court are the same as in any other civil litigation. An experienced fiduciary litigation attorney can evaluate whether your grounds are strong, what evidence you would need, and whether the potential outcome justifies the time and cost involved.

How Good Estate Planning Reduces Contest Risk

The best will contest is the one that never happens. Thoughtful estate planning significantly reduces the likelihood of a successful challenge.

A few practices that help:

• Working with an attorney who documents the signing ceremony and confirms testamentary capacity
• Having a physician or other professional document the testator’s mental state when a will is created or changed, particularly late in life
• Keeping the estate plan consistent with previously expressed wishes, or documenting clearly why a significant change is being made
• Avoiding last-minute changes to beneficiaries, particularly ones that heavily favor a caregiver or new relationship
• Maintaining open communication with family members about your wishes — our post on estate planning mistakes discusses how avoiding the conversation often leads to exactly the conflicts you were trying to avoid

Frequently Asked Questions

Can I contest a will before it is admitted to probate?

Yes. In Texas, a will contest can be filed either before or after the will has been admitted to probate. If you have reason to believe a will is invalid and probate proceedings have not yet started, you can file a proceeding called a caveat to oppose admission of the will. Acting before probate can sometimes prevent assets from being distributed prematurely.

What happens if a will contest succeeds?

If a court determines that a will is invalid, the estate is distributed as if the will never existed. That may mean an earlier valid will controls the distribution, or — if no valid will exists — the estate passes under Texas intestacy law.

Does contesting a will affect my inheritance?

Some wills include a no-contest clause (also called an in terrorem clause), which disinherits any beneficiary who brings a challenge and loses. Texas courts do enforce these clauses in certain circumstances. Before contesting a will you are named in, discuss the no-contest clause implications with your attorney.

What does a will contest cost?

Will contests can be expensive. They involve attorney fees, potentially expert witness fees, and substantial time. The cost is highly dependent on the complexity of the case, how far it goes, and whether settlement is possible. An honest assessment from a fiduciary litigation attorney early in the process can help you evaluate whether proceeding makes financial sense.