How do you contest a will in Texas

Published by Robert A. Ray

– Robert Ray

Start here to learn how to contest a will

On this page you will learn what you need to know to contest a will in Texas. 

Do not take, or refrain from taking, any action based on what you read. You need to discuss your situation with your attorney who can advise you based on your facts.

If you have a question about a pending or anticipated lawsuit about contesting a will in Texas, use the Contact Us page at the top of the site to see if we can help.

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Contesting a will in Texas

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How to Contest a Will

We realize this can be a confusing, frustrating, and emotional process. Below, we have laid out the steps you need to take and how you can take them in order to make the process easier for you.

  1. You have to be an interested party.
  2. You need to hire an attorney to represent you.
  3. You have to act before the statute of limitations runs.
  4. Can I contest a will without an attorney?
  5. What happens when you contest a will?

If you try to represent yourself, bad things can happen as shown by this article:

What Happens When You File An Inheritance Dispute In The Wrong Texas Court

Successful Will challenges?

If a will is successfully challenged, the court may then turn to the decedent’s previous valid will if there is one to determine what should be done with the estate.

If there was no previous valid will, or if it has been lost, then the decedent (the person whose estate the will is about) will be considered to have died intestate, or without a will.

At that point, the court will turn to laws that govern how an estate is divided when no will has been left behind.

Information about how to contest a will.

What happens when you contest a will

What happens when you contest a will

After gathering all the information from you, your attorney will file the contest in the appropriate court. Through your attorney, you will be able to present your side of the case. At the end of the trial, the jury will decide based on the facts presented in...

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Can you probate a will after four years?

A will has to be filed for probate within four years of the death of the testator. After four years, a will can be filed as a muniment of title but only if the person filing the will is not "in default." When a late filed will is opposed, the issue is usually...

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Texas Statute of Limitations Limits Your Time!

It is important that you contact an attorney as soon as you suspect that there is a problem with an estate in which you have an interest. Even if you don't have a current interest but only a future interest it is necessary to contact an attorney now. If you wait, the...

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Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).
Contesting a will in Texas

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Contesting a will in Texas

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In the age of Covid-19. we have been thinking of having monthly or bi-monthly, free, Zoom type workshops where participants discuss with us issues that are of interest to them. There would be no agenda, we would discuss areas that the participants wanted to discuss. Participants could attend by computer, tablet or smartphone.

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