In Texas the burden of proof depends on when the will contest is filed. If the will is contested before it is admitted to probate, the burden of proof is on the person who is offering the will for probate. If the will is contested after the will is admitted to probate, the burden of proof is on the person contesting the will.
The date that the will is admitted to probate is not the date that the will is filed for probate. The procedure in Texas is for a will to be filed and then two weeks to several months later depending on the backlog in the probate court, the application to probate the will is set for a hearing. At the hearing, if there is no contest, the probate judge will admit the will to probate. That day is the crucial day for determing who has the burden of proof. For more information on the probate process, click here.
Copyright 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.