Contesting a Will in Texas: Legal Grounds & Process
While most wills in Texas are carried out without issue, disputes sometimes arise over their validity. If you believe a will does not reflect the true intentions of the deceased, you may have legal grounds to challenge it. Contesting a will is a serious matter and must be based on specific claims recognized under Texas law.
At Guerra Days Law Group, our Houston probate attorneys represent heirs, beneficiaries, and executors in contested will cases. We offer strategic, results-focused guidance when family dynamics, fraud, or coercion cloud the truth.
Can You Contest a Will in Texas?
Yes. Texas law allows any “interested person” to contest a will. This includes heirs, beneficiaries, spouses, creditors, or others who would be affected by the outcome. However, simply being unhappy with what you inherited is not a legal reason to challenge a will. You must assert valid legal grounds and present convincing evidence.
Grounds for Contesting a Will
You can’t challenge a will just because it seems unfair. Instead, Texas probate courts allow will contests based on the following legal grounds:
1. Lack of Testamentary Capacity
The person making the will (the testator) must have been of “sound mind” at the time of signing. They must understand:
- That they are making a will
- The general nature and extent of their property
- Who their family members are
- How the will disposes of their property
Evidence such as medical records, witness testimony, or unusual behavior before death may be used to show lack of capacity.
2. Undue Influence
This occurs when someone pressures or manipulates the testator into changing their will against their true wishes. It often involves caretakers, close family members, or individuals in a position of trust.
To prove undue influence, you must show that:
- The influencer had a confidential relationship with the testator
- The influencer actively participated in creating the will
- The influencer received an unfair or unnatural benefit
3. Fraud
A will may be declared invalid if it was created based on lies or deception. For example, if someone tricked the testator into signing the document or misrepresented the contents of the will, this could constitute fraud.
4. Forgery
Forgery involves a will that was signed or altered without the testator’s authorization. Handwriting analysis and testimony from witnesses may be used to support this claim.
5. Improper Execution
Texas requires strict formalities for a will to be valid. It must be:
- In writing (typed or handwritten)
- Signed by the testator
- Witnessed by two credible individuals (unless it is a holographic will)
If these formalities were not followed, the will may be rejected by the court.
When Can You File a Will Contest?
Under Texas Estates Code, you must file your will contest within:
- Two years after the will is admitted to probate (if you were not notified earlier)
- Before probate if you received timely notice and want to contest the will before it’s admitted
Timing is critical. If you wait too long, you may permanently lose your right to challenge the will. Our attorneys can help you act quickly to preserve your legal options.
What Happens During a Will Contest?
Will contests are typically handled in probate court and follow a process that includes:
- Filing an opposition or petition to contest the will
- Notifying interested parties
- Engaging in discovery—gathering evidence like emails, medical records, witness statements, or financial documents
- Participating in court hearings or mediation
- Letting the court decide whether the will is valid
In some cases, settlement negotiations can help families resolve disputes without a trial. We strive to resolve will contests efficiently while protecting your inheritance rights.
Defending Against a Will Contest
If you’re an executor or beneficiary of a contested will, you also have legal rights. Our firm defends clients who want to uphold a valid will and prevent unjustified challenges. We work to show that the testator was of sound mind, not under undue influence, and that the will was properly executed.
Risks of No-Contest Clauses
Some wills include “no-contest” or “in terrorem” clauses. These provisions penalize beneficiaries who challenge the will by voiding their inheritance if the contest fails. However, Texas courts do not enforce these clauses if the person bringing the contest had “just cause and good faith.”
We can evaluate the language of the will and advise whether it is safe to proceed with a challenge without risking your inheritance.
Why Hire a Houston Will Contest Attorney?
Will contests are emotionally charged and legally complex. You need a probate attorney who understands the procedural rules, evidentiary standards, and family sensitivities involved. At Guerra Days Law Group, we handle both sides of will contests and offer strategic insight whether you’re contesting a will or defending one.
Our firm investigates every detail, builds a strong evidentiary record, and represents your interests in court and in settlement negotiations. We strive for cost-effective solutions without sacrificing your legal rights.
Schedule a Consultation Today
If you suspect fraud, coercion, or legal errors in a loved one’s will—or if you’re defending against a meritless challenge—don’t wait. The sooner you act, the better your chances of success.
Contact Guerra Days Law Group today to speak with a skilled Houston probate attorney about your will contest concerns. We’re ready to fight for what’s right.