|Contesting a Will in Texas||Time Limits|
|Basic Rule||2 years from date will admitted to probate|
|Minor||2 years from date of majority|
|Fraud||No limit but you must act reasonably quickly after discovery of fraud|
Suits to Declare Heirship
The legislature changed the law on timelimits for suits to declare heirship in 2014. Starting in 2014, there is no limitation on a suit to declare heirship. EC 202.0025. In all probability, that change will only apply to people who die after the changes take affect. Before the change, there was a general 4 year limitation period on suits to declare heirship. A suit to declare heirship is different from a will contest. Just because the time limits to declare heirship have changed, it does not change the statute of limitations period for contesting a will. It is just another item that should be discussed with your attorney.
Example: An example may be that a person leaves a will giving his property to his “heirs” or to his “children” or some other general term without specifically mentioning individuals. Someone who is an heir or a child of the deceased does not know about the will or the death of the person. Years later, they do learn about the provisions in the will. In those cases, a person who is an heir or a child of the deceased may be able to file a declaration of heirship to have the court declare that they are an heir or a child of the decedent and entitled to their share of the property.
What you should know
Remember, the two year limitations period applies to will contest. The time is measured from the time the will is admitted to probate.
Many states have much shorter statute of limitations for contesting a will. In New Jersey a person must file a will contest within 4 months after a will has been admitted to probate unless they are from out of state – then they have 6 months. Texas’ statute of limitations on contesting a will are more generous than most states.
By Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about Texas inheritance laws, inheritance rights, probate limits, have a family inheritance dispute, a property dispute or want to know the reasons for contesting a will or protecting a will from a contest and need an inheritance lawyer, we can help. Please click on the “Contact Us” tab above and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case. There is no fee for the initial consultation.
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