Learn About Filing Two Different Wills in Probate Court

Robert Ray

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 possible to file the newer, different will more than two years after the other will has been admitted to probate because the law says that you can file a will for probate within fours years of the testator’s death. While filing a newer, different will than the will admitted to probate is surely a ‘contest,’ some courts have allowed the process to go forward, treating the proceeding as a filing of a will (four years) as opposed to a will contest (two years.)

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Bill of Review

Bill of Review

Bills of Review in Texas When a case doesn't turn out the way you want in the trial court, you appeal to the court of appeals. But what can you do if you didn't know about the case or didn't learn of a trial setting until an appeal was too late? A bill of review...

Can a testator make hand written changes to a will

Can A Testator Make Hand Written Changes To A Will?   As a general rule, if a will is not “wholly” in the handwriting of the testator, it must be attested to by two credible witnesses. If a testator attempts to make handwritten changes to a written will, those...

When is a handwritten document a holographic will?

Holographic wills In a case decided in 2019, 14-18-00256-CV, a man named Silverman wrote the following on a piece of paper: 10/26/15 Karen Grenrood is my executor, administrator, [and] has all legal rights to my estate in the case of my untimely or timely death. Very...

Problems filing in the wrong court

What happens if you miss-file your claims When a case or claim is filed in the wrong court, you may lose your claim without being heard. If your case is dismissed after the statute of limitations has run, you are out of luck no matter how good your claim was....

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2023 | All Rights Reserved.

Pin It on Pinterest

Share This