Can You Challenge a Will in Texas? Grounds and Process for Will Contests
Can You Challenge a Will in Texas? Grounds and Process for Will Contests
When a loved one passes away, disputes over their will can sometimes arise. In Texas, not every person can challenge a will, and not every will can be contested successfully. However, if you have valid concerns about the authenticity of a will or the circumstances under which it was created, the law provides a process for contesting it. At David A. Munson, PC, we assist Houston families in navigating these difficult matters.
Who Can Challenge a Will in Texas?
Not everyone has the right to contest a will. Under Texas law, only “interested persons” may file a challenge. This generally includes:
- Beneficiaries named in the will.
- Heirs who would inherit if the will is found invalid.
- Creditors or others with a financial interest in the estate.
Legal Grounds for Contesting a Will
A will cannot be challenged simply because you disagree with its terms. To move forward, there must be valid legal grounds, which may include:
- Lack of testamentary capacity – The person making the will did not fully understand what they were signing, their assets, or who their heirs were.
- Undue influence – The will was created under pressure, manipulation, or coercion from someone benefiting from it.
- Fraud or forgery – The will was not legitimately created or was altered without authorization.
- Failure to meet legal formalities – Texas law requires specific execution steps, such as proper witnesses and signatures. A will not meeting these requirements may be invalid.
The Process for Challenging a Will
In Texas, a will contest must be filed within strict time limits—usually two years after the will has been admitted to probate. The process typically involves:
- Filing a petition in probate court to contest the will.
- Presenting evidence supporting your claim, such as medical records, witness testimony, or handwriting analysis.
- Court hearings where both sides argue whether the will is valid.
Because these cases can be complex and emotionally charged, working with a probate attorney can make a significant difference.
Protecting Your Rights in a Will Contest
Challenging a will in Texas requires both legal knowledge and careful strategy. At David A. Munson, PC, we help Houston families evaluate their options and represent their interests throughout the probate process. If you are concerned about the validity of a loved one’s will, timely legal advice can protect your inheritance rights.
