Challenging a will is a serious legal matter that can arise when beneficiaries or potential heirs believe a will is invalid. In Texas, the probate court handles such disputes under specific procedures and timelines. Understanding your rights and the legal framework is essential to pursue or defend against a will contest.
Table of Contents
Who Can Contest a Will in Texas?
In Texas, only “interested persons” can legally challenge a will. These include:
- Heirs at law who would inherit if the will didn’t exist
- Beneficiaries of a prior will who were removed or altered
- Individuals who may have a financial interest in the estate
- Creditors with a legitimate claim
Legal Grounds to Contest a Will
Lack of Testamentary Capacity
The testator must have been of sound mind when the will was executed. Mental illness, cognitive impairment, or being under the influence of substances may invalidate the document.
Undue Influence
If someone exerted pressure or manipulated the testator to make changes that do not reflect their true intentions, the will may be overturned.
How to Contest a Will in Texas Probate Court
Fraud or Forgery
In the context of probate law, fraud or forgery is one of the most serious — and unfortunately not uncommon — reasons to contest a will in Texas. When a will is created or altered under false pretenses, or when someone forges a signature or modifies content after the fact, the document’s validity can be legally challenged.
Fraud typically occurs when the testator — the person creating the will — is deceived into signing something they don’t fully understand. This could happen, for example, if someone deliberately misleads the testator about the contents of the document, or tricks them into signing what they believe is something else entirely. The intention behind this deceit is usually to manipulate the distribution of assets in favor of the deceiver.
Forgery, on the other hand, involves more blatant criminal behavior — someone signs the will on behalf of the testator without permission, or alters clauses after the will has already been executed. Forgery can involve fake signatures, changes to beneficiary names, or tampering with dates or provisions.
In both cases, the burden of proof lies with the party contesting the will. They must present clear and convincing evidence that the will was either fraudulently induced or forged. This often involves handwriting analysis, testimony from witnesses, and even digital forensics if the document was created electronically.
Successfully proving fraud or forgery in court can lead to the entire will being thrown out, in which case either a previous valid will takes effect, or the estate is distributed under Texas intestacy laws.
Improper Execution
Fraud or Forgery in Texas Wills
In the context of probate law, fraud or forgery is one of the most serious — and unfortunately not uncommon — reasons to contest a will in Texas. When a will is created or altered under false pretenses, or when someone forges a signature or modifies content after the fact, the document’s validity can be legally challenged.
Fraud typically occurs when the testator — the person creating the will — is deceived into signing something they don’t fully understand. This could happen, for example, if someone deliberately misleads the testator about the contents of the document, or tricks them into signing what they believe is something else entirely. The intention behind this deceit is usually to manipulate the distribution of assets in favor of the deceiver.
Forgery, on the other hand, involves more blatant criminal behavior — someone signs the will on behalf of the testator without permission, or alters clauses after the will has already been executed. Forgery can involve fake signatures, changes to beneficiary names, or tampering with dates or provisions.
In both cases, the burden of proof lies with the party contesting the will. They must present clear and convincing evidence that the will was either fraudulently induced or forged. This often involves handwriting analysis, testimony from witnesses, and even digital forensics if the document was created electronically.
Successfully proving fraud or forgery in court can lead to the entire will being thrown out, in which case either a previous valid will takes effect, or the estate is distributed under Texas intestacy laws.
The Texas Probate Court Process
When a will is contested in Texas, the matter doesn’t simply involve family disagreements — it becomes a formal legal proceeding. Understanding how the probate court handles will contests is essential, especially if you are considering challenging the validity of a loved one’s will. Here’s a breakdown of what to expect during each stage of the process.
Filing the Contest
The first step in challenging a will is to file a formal petition with the probate court in the county where the will was originally submitted for probate. This document is not just a notice of disagreement — it must clearly outline your legal relationship to the deceased (the decedent), the grounds for your challenge, and what you believe should happen in place of the current will.
Texas probate courts will not consider vague or emotional objections. You must identify specific legal grounds for the contest, such as lack of testamentary capacity, undue influence, fraud, or improper execution. In legal terms, you become a “contestant” and must notify all interested parties — including executors and beneficiaries — that a dispute has been filed.
In many cases, filing the petition also initiates a period of formal discovery, where both sides can request documentation, depositions, and interrogatories to prepare their arguments.
Evidence Collection
Evidence is the foundation of any will contest. The burden of proof lies with the person who challenges the will — meaning you’ll need compelling evidence to support your claims.
Depending on the basis of the challenge, this could include:
- Medical records showing the testator lacked mental capacity at the time the will was signed.
- Testimony from friends, caregivers, or family who witnessed unusual behavior or undue influence.
- Handwriting analysis or forensic examination of the will document if forgery is suspected.
- Prior versions of the will, which can demonstrate abrupt changes that raise suspicion.
- Witness depositions, especially from the individuals who signed the will as official witnesses.
The process of gathering this information can be time-consuming and emotionally draining, but it’s critical for building a persuasive case in probate court.
Court Proceedings
Once the evidence is compiled and both sides are ready, the case moves to a probate hearing. The judge — not a jury, in most cases — will review the filings, hear arguments, and evaluate the admissibility and credibility of the evidence presented.
Each side will have the opportunity to:
- Present documents and legal arguments
- Call witnesses to testify under oath
- Cross-examine the other party’s witnesses
In some instances, the court may also appoint a guardian ad litem or an independent attorney to represent the interests of unknown or minor heirs, particularly if the outcome of the contest could significantly affect them.
At the conclusion of the hearing, the judge will issue a ruling. If the will is deemed valid, it proceeds through probate and the estate is distributed accordingly. If the will is invalidated, a prior version of the will may be reinstated — or, if no valid will exists, the estate will be distributed under Texas intestacy laws.
Deadlines for Contesting a Will
In Texas, the statute of limitations to contest a will is typically two years from the date it was admitted to probate. Failing to act within this window can forfeit your right to challenge the will.
How a Probate Attorney Can Help
Contesting a will involves complex legal standards, emotional stakes, and procedural hurdles. A qualified probate attorney will guide you through every step, ensuring your rights are protected, deadlines are met, and your position is effectively presented in court.
Frequently Asked Questions
Can anyone contest a will in Texas?
No. Only interested parties with a direct legal or financial stake in the estate may contest a will. This typically includes heirs-at-law (such as children or spouses), beneficiaries named in previous wills, and sometimes creditors who believe they are owed from the estate. Friends or distant relatives without a legal connection to the distribution of assets do not have standing to file a will contest.
What are the main reasons to contest a will?
The most common legal grounds include:
- Lack of capacity – The testator didn’t understand the nature of the document or its implications.
- Undue influence – Someone manipulated or pressured the testator to make changes.
- Fraud – The will was signed under false pretenses.
- Improper execution – The will wasn’t signed or witnessed according to Texas law.
Each of these must be supported with credible evidence.
What happens if a will is found invalid?
If a judge declares the will invalid, one of two things usually happens:
- A prior valid will may be reinstated.
- If no other valid will exists, the estate is handled under Texas intestacy laws, which prioritize spouses, children, and other close relatives in a specific order of inheritance.
Is it difficult to prove undue influence?
Yes, it often requires strong evidence, including testimony and documentation, to show that the testator’s free will was compromised.
Legal Representation for Probate Disputes in Texas
If you’re involved in a will contest or believe you have grounds to challenge a will in Texas, GJ Chavez & Associates, PC offers legal services to protect your interests.
