Yes. A will can be contested in Texas, but only if three conditions are met: the person bringing the challenge must have legal standing, there must be a recognized legal ground for the challenge, and the action must be filed within the applicable deadline. These cases are fact-driven, often emotionally charged, and can move quickly once probate begins. Understanding how Texas law approaches will contests is the first step in determining whether a challenge is viable.
Who Has the Right to Contest a Will in Texas
Texas law limits who can challenge a will. Only an “interested person” has legal standing to bring a will contest. That term generally covers heirs who would inherit under the laws of intestacy if no valid will existed, beneficiaries named in a prior will, surviving spouses, and creditors or others with a financial stake in the estate’s outcome. A person must have something concrete at stake. A distant relative with no legal or financial interest in the estate typically does not qualify.
What Makes a Will Valid in Texas
Understanding what Texas requires for a valid will helps explain why challenges arise. Under Texas Estates Code Section 251.051, a formal attested will must be in writing, signed by the testator in person or by another person at the testator’s direction and in their presence, and attested by two or more credible witnesses who are at least 14 years of age and who subscribe their names in the testator’s presence.
Texas also recognizes holographic wills. Under Texas Estates Code Section 251.052, a will written entirely in the testator’s own handwriting is not required to be witnessed. However, holographic wills carry their own risks: they are more susceptible to challenges over authenticity and completeness, and two witnesses must testify at probate to confirm the handwriting belongs to the testator.
Even when the formal requirements appear to be met, disputes can arise over whether the will truly reflects the testator’s independent intentions or was created under improper circumstances.
The Two-Year Deadline: Texas Estates Code Section 256.204
Timing is one of the most critical factors in any will contest. Under Texas Estates Code Section 256.204, an interested person has two years from the date the will was admitted to probate to file a contest. The clock runs from the date of court admission, not the date of death. Missing this window generally bars the challenge permanently, regardless of how strong the underlying facts may be.
Two narrow exceptions may extend the deadline.
- First, if fraud or forgery is discovered after the two-year period has already passed, the limitations period runs from the date of discovery rather than the date of probate admission.
- Second, an incapacitated person receives two years from the date their disability is removed.
These exceptions are rare and require clear supporting evidence. Early action remains the safest approach in all cases.
Common Legal Grounds for Contesting a Will
Lack of Testamentary Capacity
One of the most frequently raised grounds is that the person who made the will lacked the mental capacity to do so. Texas courts apply a well-established standard: at the moment of signing, the testator must have understood that they were making a will, known the general nature and extent of their property, recognized the natural objects of their bounty (meaning the people who would ordinarily inherit), and understood how the will distributed their property. The relevant moment is the time of signing, not periods of confusion before or after.
Capacity challenges often arise when the testator was dealing with dementia, Alzheimer’s disease, serious illness, heavy medication use, or significant cognitive decline near the end of life. Medical records, physician testimony, and accounts from people who interacted with the testator around the time of signing are central evidence in these cases.
Undue Influence
Undue influence occurs when another person exerts pressure strong enough to override the testator’s free will, substituting the influencer’s intentions for those of the testator. Texas courts apply a three-part test: influence must have been exercised, it must have overpowered the testator’s own decision-making, and the resulting will must reflect a disposition that would not have occurred without that influence.
This is not about ordinary persuasion or expressing a preference. It involves manipulation, isolation, threats, or control that defeats the testator’s independent judgment. Red flags courts look for include a caregiver or relative isolating the testator from other family members, sudden and unexpected changes to a long-standing estate plan, a testator who was in a weakened or dependent state, and secrecy surrounding the preparation of the will. Because undue influence rarely leaves direct evidence, these cases are built on surrounding facts and circumstances.
Improper Execution
A will must satisfy all applicable statutory requirements to be valid. If the execution process was deficient, the will may be challenged regardless of whether the testator intended it to control their estate. Common execution failures include missing or unqualified witness signatures, witnesses who were not physically present during the signing, and failure to meet the requirements of Section 251.051. These problems arise more frequently with do-it-yourself wills and documents prepared without professional legal guidance.
Fraud or Forgery
Will contests based on fraud or forgery involve claims that the document itself or the circumstances of its execution were dishonest. Examples include a forged testator signature, altered provisions, or a testator who was deceived about the nature of what they were signing. These claims require strong evidence, including document analysis, handwriting experts, and witness testimony. As noted above, fraud or forgery discovered after the standard two-year period may still support a timely challenge if brought within two years of discovery.
Existence of a Later Will or Revocation
A will may also be challenged when a more recent valid will exists or when the existing will was properly revoked before the testator’s death. In Texas, a will can be revoked by executing a subsequent will or codicil that expressly revokes it, by a signed written declaration of revocation, or by physical destruction of the document such as tearing or burning with the intent to revoke. Disputes frequently arise when multiple versions of a will are discovered, when there is uncertainty about which document is the most recent, or when a later will was executed but cannot be located.
No-Contest Clauses and Their Limits
Some wills include provisions designed to deter challenges by threatening to forfeit a beneficiary’s inheritance if they contest the will. Texas courts do recognize these clauses, but they are not absolute. If a person brings a contest in good faith and with just cause, the no-contest clause may not be enforceable against them. The presence of such a clause is a factor to weigh carefully, but it does not automatically prevent someone from raising a legitimate legal challenge.
Evidence That Matters in a Will Contest
Will contests are highly fact-specific and often require reconstructing events that occurred months or years before the litigation begins. Courts examine evidence tied closely to the time the will was created. The following categories of evidence commonly play a central role:
- Medical records and physician testimony documenting the testator’s cognitive condition around the time of signing
- Testimony from witnesses present during the execution of the will
- Prior versions of the will reflecting different dispositions of the estate
- Emails, letters, and other communications showing the testator’s expressed intentions
- Expert analysis, including handwriting examination and forensic document review in forgery cases
- Evidence of isolation, changes in routine, or new influences entering the testator’s life near the time of signing
Because this evidence becomes harder to gather as time passes, early action is not just a matter of meeting the deadline. It is also a practical necessity for building a credible case.
Deadline Reminder: Under Texas Estates Code Section 256.204, a will contest must generally be filed within two years of the date the will was admitted to probate. This deadline is strict. Consulting an attorney promptly after concerns arise gives you the best opportunity to evaluate your options and preserve your rights before the window closes.
Speak With a Texas Probate Litigation Attorney
Will contests involve strict deadlines, fact-intensive investigations, and complex legal standards. Rhodes Humble LLP is ready to help. Reach out through the contact page or call (979) 977-1744 to discuss your situation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.