Probate is the legal process that handles the distribution of a person’s estate after their death. If the person has left a will, it is usually validated through the probate court. However, in some cases, beneficiaries or other interested parties may feel that the will is invalid or that it does not accurately reflect the intentions of the decedent. In such instances, it is possible for beneficiaries to contest the will in Texas probate court. Understanding the legal grounds for contesting a will, as well as the procedures and deadlines, is essential for anyone considering this option.
Legal Grounds for Contesting a Will in Texas 
In Texas, beneficiaries can challenge the validity of a will for several reasons. Each of these reasons must be backed by evidence to be considered in court.
Lack of Testamentary Capacity
For a will to be valid, the person making the will—known as the testator—must have the mental capacity to understand the nature of their actions. This includes understanding that they are creating a will and the effects it will have on their estate. If the testator lacked the mental capacity due to conditions such as dementia or illness at the time the will was signed, beneficiaries may contest the will on the grounds of lack of testamentary capacity.
Undue Influence
Undue influence refers to a situation where the testator is coerced or manipulated into making changes to their will by someone with power over them. This could involve threats, pressure, or manipulation that leads the testator to make decisions they would not have made otherwise. To contest a will on these grounds, it must be shown that the testator was under such pressure when signing the will that they were unable to make decisions freely.
Fraud or Misrepresentation
Fraudulent actions related to the creation of the will can also serve as grounds for contesting the document. This could include situations where someone forged the testator’s signature, misrepresented the contents of the will, or misled the testator into making decisions based on false information. Fraud may also include the intentional omission of an heir who was meant to inherit under the will.
Forgery of the Will
Forgery is another serious issue that can lead to a will being contested. If it is determined that the signature on the will was forged or that someone fabricated the will, it is considered invalid. In cases where a will was not properly signed by the testator or where the testator’s signature was forged, the court will likely rule the will invalid.
Failure to Meet Legal Requirements
Texas law requires that a will be executed according to certain formalities to be valid. The testator must sign the will in the presence of at least two witnesses, who must also sign the document. If the will does not meet these formal requirements—such as lacking the necessary number of witnesses—it may be invalidated.
Who Can Contest a Will in Texas?
Not just anyone can contest a will in Texas. Generally, only individuals who have a direct stake in the estate can challenge the validity of a will. This usually includes beneficiaries named in the will or individuals who stand to inherit from the estate if the will is deemed invalid, such as those entitled to a share of the estate under Texas intestacy laws. In some cases, even creditors may have standing to challenge the will if they can show they are owed money by the estate.
Time Limit for Contesting a Will in Texas
Texas law imposes strict time limits on how long beneficiaries or others have to contest a will. A will must be contested within two years from the time it is admitted to probate. However, this deadline can be extended in certain cases, particularly when fraud is involved or if the contesting party did not learn of the grounds for contesting the will until after the two-year period had passed. It is crucial to act quickly if you believe there are grounds for contesting a will, as failing to do so within the allowed time period may prevent you from challenging the will.
Steps to Contest a Will in Texas
Contesting a will involves a formal legal process, and the procedure varies depending on the circumstances of the case.
Filing a Will Contest Petition
The first step in contesting a will is to file a petition with the probate court. This petition must be filed in the county where the will is being probated. In the petition, you will need to state the grounds for contesting the will and provide evidence to support your claims. A skilled probate attorney can help you draft the petition and ensure that it is properly filed within the required time frame.
Gathering Evidence
Once the petition is filed, the next step is gathering evidence to support your claim. This can include medical records, testimony from witnesses, and documents that demonstrate the testator’s mental state or actions that suggest they were under undue influence. Evidence is crucial to proving your case, as the probate court will only consider valid legal arguments supported by facts.
Court Hearing
After the will contest petition is filed, the court will schedule a hearing to determine the validity of the will. During the hearing, both sides will present evidence, and witnesses may be called to testify. The judge will evaluate the evidence presented and decide whether the will is valid. If the will is found to be invalid, the court will follow Texas intestacy laws or consider previous valid wills to determine how the estate will be distributed.
What Happens After a Will is Contested?
If the will contest is successful, the court will invalidate the contested will, and the estate will be distributed according to the laws of intestacy or based on a prior valid will. If the contest is unsuccessful, the original will remains valid, and the probate process will proceed.
Why It Is Important to Act Quickly
Contestants must act quickly to challenge a will in Texas probate court. The two-year deadline for filing a will contest can pass quickly, especially when the complexity of the case requires time to gather evidence. The longer you wait, the more difficult it may become to contest the will successfully. Engaging an experienced probate lawyer can ensure that you meet all deadlines and follow the correct legal procedures.
Contesting a will in Texas probate court is a serious decision that can have significant consequences for all parties involved. It is important to have a strong legal foundation for contesting the will and to follow the proper legal process. If you are considering contesting a will, it is crucial to act quickly and consult with a qualified probate attorney who can guide you through the process and protect your interests. At Bowen Law Firm, PLLC, we have the expertise to help you navigate the complexities of probate and will contests.