How Do You Contest a Will in Probate in Texas?


Quick Answer

To contest a will that is already in probate in Texas, file a will contest with the local court where it was admitted to probate. Will contesting can be done with or without an attorney, notes LegalZoom. Since the process can be lengthy and intricate, probate attorneys are available.

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Full Answer

According to TheProbate.Net from inheritance attorney Robert Ray, Texas has guidelines for contesting a will that is in probate. There are guidelines for the circumstances that qualify contesting of a will. There are also time limitations regarding when the will must be contested. Since a will in probate has already been through the process of being admitted to probate by a judge, there is a two-year time frame in which any challenges must be claimed.

According to LegalZoom, all challenges must be done by someone considered an interested party, which is someone who would have received something as part of the will if it were not under probate. Qualified circumstances in Texas for contesting a will include improper execution of a will, forgery, being under the influence of another dominating person and testamentary capacity. Testamentary capacity refers to the deceased person's ability to understand the will as written.

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