Contesting a Will in Texas: Legal Grounds, Process, and Deadlines

What it means to contest a will in Texas

A will contest is a formal legal proceeding challenging the validity of a will that has been — or is being — offered for probate. It is not simply an objection to how assets were distributed. A successful will contest results in the challenged will being set aside entirely, after which the estate is administered under a prior valid will (if one exists) or under Texas intestacy law if no valid will is found.

Will contests are high-stakes proceedings. They are expensive, emotionally difficult, and time-limited. Anyone considering a challenge should move quickly and consult with an experienced probate litigation attorney before the deadlines expire.

Legal grounds for contesting a will in Texas

Texas courts will not set aside a will simply because a beneficiary is unhappy with its terms. Only specific legal grounds support a valid contest:

•       Lack of testamentary capacity: The testator — the person who made the will — did not have sufficient mental capacity at the time of execution. Under Texas law, a testator must understand the nature of making a will, the extent and character of their property, the natural objects of their bounty (typically their family), and how those elements relate to each other. A diagnosis of dementia alone is not dispositive — capacity is evaluated at the specific time the will was signed.

•       Undue influence: A third party exerted pressure or control so substantial that it overcame the testator's free will, causing the will to reflect the influencer's desires rather than the testator's own intentions. Evidence of undue influence is often circumstantial: isolation of the testator, dependence on the alleged influencer, sudden changes in the estate plan, and benefiting a person in a position of trust or care.

•       Fraud: The testator was deceived into signing the will or into making specific provisions — for example, by being falsely told that a prior will had been destroyed or that a beneficiary had died.

•       Forgery: The will or the testator's signature was fabricated.

•       Improper execution: The will was not executed in compliance with Texas's formal requirements, including being signed by the testator in the presence of at least two credible witnesses who also signed the will.

•       Revocation: The testator validly revoked the will before death by executing a later will or by destroying the document with intent to revoke.

The two-year deadline: act quickly

Texas imposes a two-year statute of limitations for will contests, measured from the date the will was admitted to probate. Missing this deadline is almost always fatal to the claim. Texas courts enforce the two-year limit strictly, with only a narrow exception for contests based on forgery or fraud that could not reasonably have been discovered within the limitations period.

It is important to note that the clock starts running from the date of admission — not from when the contestant learned of the probate. A beneficiary who delays action waiting for more information risks losing the right to contest entirely.

How a Texas will contest proceeds

A will contest is filed in the same county probate court that admitted — or is considering admitting — the will. The contestant files a written opposition and the matter proceeds as a contested probate case. The court may transfer the case to a district court for a jury trial if requested. Discovery, depositions, and expert testimony — including testimony from physicians regarding the testator's mental state — are common in contested proceedings.

Many will contests settle before trial. The cost and uncertainty of litigation, combined with the emotional toll on family relationships, often make negotiated resolution attractive to all parties. But the strength of a settlement position depends on the strength of the underlying legal claim, which makes early and thorough case evaluation essential.

If you believe a Texas will is invalid — or if you are an executor or beneficiary defending a will against a challenge — our probate litigation attorneys are ready to help. Contact us promptly. The two-year deadline waits for no one.