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 it is admitted to probate, the
person who filed the will for probate has the burden of proof to show:
- That the testator had testamentary capacity when he made the will;
- That the will was executed with the required formalities; and
- That the will was never revoked.
A will can be contested after it has been admitted to probate but the burden of proof is then on the person **contesting **the will. The burden of proof on some issues like undue influence, forgery, etc. are always on the person contesting the will whether the contest is filed before or after the will is admitted to probate.
Contesting a will after it has been **admitted **to probate is the usual **time **frame in which people contest wills. Whether it is because the person only found out about the will after it was **admitted **to probate or whether the person hoped that the invalid will would somehow not take effect or whether it is just normal human dragging of the feet is hard to say.
Contesting a will can be done even if the will has already been **admitted **to probate. A person can still contest a will but needs to contact a lawyer as soon as he thinks that he might need to contest a will. As can be seen, there are some benefits to contesting a will as soon as you realize that the will is invalid and should not be admitted to probate. Even if the will has already been **admitted **to probate, it is beneficial to start the process as soon as possible.
**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.