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Will contests in Texas probate courts are legal proceedings in which the validity of a last will and testament is challenged. These types of cases can be complex and emotionally charged, as they often involve disputes between family members over the distribution of a loved one’s assets.

Validity of a Will in Texas

In order for a will to be considered valid in Texas, it must be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals who are not beneficiaries under the will. The testator must also have been of sound mind and not under duress or undue influence when the will was executed.

Grounds for Contesting a Will

If a person believes that a will is invalid, they can file a will contest in probate court. The most common grounds for contesting a will in Texas include:

Lack of testamentary capacity
Undue influence
Fraud
Forgery

Lack of Testamentary Capacity

Lack of testamentary capacity refers to the testator not having the mental ability to understand the nature and extent of their property and the individuals who would naturally be expected to benefit from their will at the time the will was executed. To prove lack of testamentary capacity, the person contesting the will must show that the testator was suffering from a mental disorder or was under the influence of drugs or alcohol at the time the will was executed.

Undue Influence

Undue influence refers to when someone uses their power or authority to convince the testator to make a will that benefits them and not the testator’s natural heirs. To prove undue influence, the person contesting the will must show that the influencer had a confidential relationship with the testator, that the influencer exerted an improper influence over the testator, and that the will was procured by the influencer’s undue influence.

Fraud or Forgery

Fraud or forgery refer to when a will is not the testator’s true and voluntary act, but instead is a result of deception, trickery, or misrepresentation. To prove fraud or forgery, the person contesting the will must show that the will was not executed by the testator, or that the testator’s signature was forged.

Time Limit for Contesting a Will

It’s important to note that in Texas, a person contesting a will must do so within two years from the date the will is admitted to probate.

Distribution of Assets if Will is Found Invalid

If a will is found to be invalid, the assets of the estate will be distributed as if the testator had died without a will, which is called “intestate.” Intestate distribution is governed by the Texas Estates Code, which provides for the distribution of assets to the testator’s surviving spouse and children, if any, and if not, to the testator’s parents, siblings, and other relatives in a specific order of priority.

Conclusion

In summary, will contests in Texas probate courts are legal proceedings in which the validity of a last will and testament is challenged. These types of cases can be complex and emotionally charged, as they often involve disputes between family members over the distribution of a loved one’s assets. The most common grounds for contesting a will in Texas include lack of testamentary capacity, undue influence, fraud, and forgery. If a will is found to be invalid, the assets of the estate will be distributed as if the testator had died without a will.

Do you need to hire an Experienced Probate Attorney to help?

If you are thinking about challenging a will in Texas, it is important to understand the process and what is required to successfully contest a will. While it is possible to contest a will without an attorney, hiring an experienced probate attorney can give you the best chance of success.

An experienced probate attorney can help you navigate the complex probate process and ensure that your rights are protected. They can also help you gather evidence and build a strong case to support your claim. If you are considering challenging a will, contact an experienced probate attorney today to discuss your options.

Call us today for a FREE attorney consultation at (281) 219-9090.

Does contesting a will hold up probate?

Contesting a will can hold up the probate process, as it can delay the distribution of assets from the estate. When a will contest is filed, the probate court will typically freeze the distribution of assets from the estate until the contest is resolved. This can be a significant delay, especially if the case goes to trial and the court has a backlog of cases.

The probate process can also be delayed if the court finds that the will is invalid and the estate must be distributed according to the laws of intestacy. This may require additional legal proceedings to determine who is entitled to inherit the assets of the estate.

It is also worth noting that it’s not uncommon for a will contest to be settled out of court, which can speed up the probate process.

In any case, if you are a party to a probate case and you have concerns about the probate process or the distribution of assets, it’s a good idea to consult with an attorney who specializes in probate and estate planning law. They can help advise you on your rights and options.

How long do you have to contest a probate in Texas?

In Texas, a person has two years from the date a will is admitted to probate to file a will contest. This time limit is known as the statute of limitations. The two-year period begins on the date the will is filed with the court and the court issues an order admitting the will to probate.

It’s important to note that if a will contest is not filed within the two-year period, the court will typically not consider the challenge, and the will will be considered valid and binding. The executor will be able to proceed with the distribution of assets according to the terms of the will.

It’s also important to note that, if the will has not been admitted to probate, the time limit to contest the will is different and would be from the date of death of the testator.

It’s always best to consult an attorney with experience in probate and estate planning law to help you understand your rights and options, and to make sure that you take all necessary steps within the applicable time limits.

Do you contest a will before or after probate?

A will contest can be filed before or after a will is admitted to probate.

If a will contest is filed before the will is admitted to probate, it is typically done by filing a petition with the probate court and asking the court to determine the validity of the will. This is known as a “caveat” proceeding. The purpose of a caveat proceeding is to prevent the will from being admitted to probate until the court has had an opportunity to review its validity.

If a will contest is filed after the will is admitted to probate, it is typically done by filing a lawsuit against the executor or personal representative of the estate. The lawsuit will challenge the validity of the will, and the court will determine whether the will is valid and should be given effect.

In either case, the probate court will hold a hearing to consider the evidence and testimony presented by both sides, and make a decision on whether the will is valid or not. If the will is found to be invalid, the assets of the estate will be distributed as if the testator had died without a will, which is called “intestate.”

It’s important to note that if a will contest is not filed within the two-year period, the court will typically not consider the challenge, and the will will be considered valid and binding.

Who can challenge a will in Texas?

In Texas, anyone with an interest in the will and the estate can challenge a will. The most common parties who may challenge a will include:

The testator’s heirs or beneficiaries under the will: These individuals may challenge the will if they believe that they are entitled to a greater share of the estate than what is provided for in the will.
Other potential beneficiaries: These individuals may challenge the will if they believe that they would have inherited from the testator if the testator had died without a will (intestate) and the will does not provide for them.
Beneficiaries under a previous will: These individuals may challenge the will if they believe that the new will revokes or alters their inheritance under a previous will.
Executor or personal representative of the estate: This individual may challenge the will if they believe that the will is not valid or that they have been wrongfully removed as executor or personal representative.
Guardians or conservators of the testator’s person or estate: These individuals may challenge the will if they believe that the testator was not capable of making a will or that the will was procured by fraud or undue influence.

It’s also important to note that in Texas, a person contesting a will must do so within two years from the date the will is admitted to probate, otherwise, the court will typically not consider the challenge, and the will will be considered valid and binding.