Time Limits
The time limits, or what lawyers call the statute of limitations for contesting a will,** **are determined by reference to the date the will was **admitted **to probate. Click on "admitted" to learn what that means. If a will is contested before it is admitted to probate, the proponent of the will has the burden of proof. If the will is contested after the will is admitted to probate, the contestant has the burden of proof. This difference can be important. A will can be contested within two years from the date it was admitted to probate, but there is a benefit to contesting a will before it is admitted to probate, as discussed in the post on navigating a will contest here.
Time to File
A will can be **filed **for probate anytime within four years of the death of the testator. The date of death is not the date that the statute of limitations starts to run. It doesn't start to run when the will is first filed for probate. The statute of limitations doesn't start until the will is admitted to probate. A person then has two years after the will has been **admitted **to probate to file a will contest.
Let's Work Together
**By **Robert Ray a Texas inheritance attorney.
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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.