Contesting a Will After it Has Been Admitted to Probate

Robert Ray

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.

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The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
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