How do you contest a will in Texas
Published by Robert A. 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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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.
- You have to be an interested party.
- You need to hire an attorney to represent you.
- You have to act before the statute of limitations runs.
- Can I contest a will without an attorney?
- What happens when you contest a will?
If you try to represent yourself, bad things can happen as shown by this article:
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.
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...
Time Limits The time limits or what lawyers call the statute of limitations for contesting a will is determined by reference to the date the will was admitted to probate. Click on "admitted" to learn what that means. Time to File A will can be filed for probate...
What Are Time Limits to Contest a Texas Will In Texas, the probate limits or the time limits for challenging a will, what the law refers to as the statute of limitations, is complicated. It is complicated because the Texas probate time limits for contesting a...
The law requires that a proceeding contesting a will be filed within two years of the time that the will was admitted to probate. But what if someone has a newer, different will in their possession than the one admitted to probate? In that situation, it may be...
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...
Contesting a will in Texas before or after it has been admitted to probate? You can contest a will either before or after it has been admitted to probate; however, there are certain benefits to contesting the will before it is admitted. If a will is contested before...
Basic Rule In general, a will contest must be filed within two years from the date the will is admitted to probate. Click on the highlighted terms to read about what "admitted to probate" means. Contesting a Will in Texas Time Limits Basic Rule 2 years from date will...
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...
In a 2019 case, a father had two daughters. He was an alcoholic and had a drug problem. One daughter lived close and saw him several times a week. The other daughter lived far away and saw him once or twice a year. Shortly before he died, the father changed all his...