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. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.