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 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.

Other States

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.

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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

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Contesting a will in Texas

Zoom type workshops?

In the age of Covid-19. we have been thinking of having monthly or bi-monthly, free, Zoom type workshops where participants discuss with us issues that are of interest to them. There would be no agenda, we would discuss areas that the participants wanted to discuss. Participants could attend by computer, tablet or smartphone.

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