Learn About Contesting a Will Before the Will is Admitted to Probate

Written by Robert Ray

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

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:

  1. That the testator had testamentary capacity when he made the will;
  2. That the will was executed with the required formalities; and
  3. 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 influenceforgery, 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.

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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).

Robert Ray Texas Inheritance

Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

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Heirship proceeding are different from will contest. If more than four years have passed, it may be difficult, but may not impossible, to gain the inheritance that someone else has that should be the heirs. This is complicated, involving heirship proceedings but there is a possibility that it can be done.

Robert Ray

Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray is a Texas attorney who handles inheritance disputes

Why Us?

Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.


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Lantana, Texas
In the DFW area


(214) 660-5700

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Contesting a will in Texas

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