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

Texas Will Contest Basics

Texas handles will contests through its county probate courts (or statutory probate courts in larger counties like Harris, Dallas, and Bexar). The process is governed by the Texas Estates Code, which sets specific rules about who can challenge a will, on what grounds, and within what timeframe.

Texas is generally considered a moderate state for will contests — the deadlines are more generous than many states, the grounds are broadly defined, and no-contest clauses are enforceable but not absolute.

Who Has Standing to Contest

Under Texas law, an "interested person" can contest a will. This includes:

• Beneficiaries named in the current will who believe they should receive more
• Beneficiaries named in a prior will who were cut out or reduced in the contested version
• Heirs at law who would inherit under Texas intestacy statutes if the will were invalidated
• Creditors with claims against the estate

Notably, Texas community property law can affect standing. A surviving spouse has an automatic right to their half of community property regardless of what the will says — they only need to contest provisions affecting the deceased spouse's separate property or the decedent's half of community assets.

The Texas Statute of Limitations

Texas generally allows two years after a will is admitted to probate to contest it. A forgery or other fraud claim may be brought within two years after discovery, and an incapacitated person's deadline runs until two years after the disability is removed. This is more generous than Florida's 3-month objection period after service of the Notice of Administration, but two years passes quickly when you're grieving and gathering evidence.

The clock starts when the will is admitted to probate — not when you learn about it. If you weren't notified and discover the will was probated months ago, you still only have whatever remains of the two-year window.

For wills probated as a muniment of title (a simplified Texas procedure for estates with no debts), the same two-year limitation applies.

Legal Grounds for Contesting

Texas recognizes four primary grounds for challenging a will:

Lack of testamentary capacity. The testator must have understood the nature of making a will, known the extent of their property, known their natural heirs, and been free from delusions that affected the will's terms. A dementia diagnosis doesn't automatically invalidate a will — Texas courts recognize lucid intervals, so the question is capacity at the moment of signing.

Undue influence. The contestant must prove that someone exerted pressure that overcame the testator's free will, substituting the influencer's desires for the testator's own. Texas courts look for a confidential relationship, the influencer's opportunity to exert pressure, and a resulting benefit to the influencer that wouldn't have occurred without the influence.

Fraud. This includes deceiving the testator about the will's contents (telling them they're signing a different document), misrepresenting facts that influenced the will's terms (lying about another family member), or procuring a forged document.

Improper execution. Texas requires that a formal will be in writing, signed by the testator (or by another person at the testator's direction and in their presence), and attested by two credible witnesses who are at least 14 years old. A will that fails any of these requirements is invalid.

Texas also recognizes holographic wills — entirely handwritten and signed by the testator — which require no witnesses. Challenges to holographic wills often focus on proving the handwriting isn't the testator's or that the document doesn't clearly express testamentary intent.

No-Contest Clauses in Texas

Texas enforces no-contest clauses (also called in terrorem clauses), but with important limitations. Under Texas Estates Code § 254.005, a no-contest clause is enforceable unless the contestant can show they had "just cause" for bringing the challenge.

To avoid enforcement of the clause, the contestant must prove by a preponderance of the evidence that just cause existed and the action was brought and maintained in good faith. Whether the evidence meets that test depends on the facts.

Before challenging a will that contains a no-contest clause, carefully evaluate your evidence. If you contest and lose without proving both just cause and good faith, the clause may be enforced and you may forfeit what the will gave you.

The Texas Contest Process

Filing the contest. Before probate, you file a written opposition to the will's admission. After admission, an interested person may commence a suit to contest the will under Texas Estates Code § 256.204, within the applicable deadline. The filing must specify the grounds for your challenge.

Discovery. Texas follows standard civil discovery procedures. You can request documents, depose witnesses, and subpoena medical and financial records. Texas has relatively broad discovery rules, which helps contestants gather evidence.

Mediation. Under Texas Civil Practice and Remedies Code § 154.021, a court may refer a pending dispute to mediation. Whether mediation is ordered before trial depends on the court and case.

Trial. If the case proceeds, a will contest in Texas can be tried before a jury — unlike many states where probate matters are bench trials only. The right to a jury trial can significantly affect settlement dynamics, since jury outcomes are less predictable than judicial ones.

Burden of proof. The person who offered the will for probate carries the initial burden of proving the will was properly executed. Once they meet that threshold, the burden shifts to the contestant to prove their grounds by a preponderance of the evidence.

Community Property Considerations

Texas is a community property state, which adds a layer of complexity to will contests. Property acquired during marriage belongs equally to both spouses. The will can only dispose of the deceased spouse's half of community property plus their separate property (assets owned before marriage, inheritances, and gifts).

If a will attempts to give away the surviving spouse's community property share, that provision is void — no contest needed. But disputes over whether specific assets are community or separate property are common and can become the most contested issue in the case.

Taking the First Steps

If you believe a Texas will doesn't reflect your loved one's genuine wishes, the two-year window gives you time to be thorough — but not time to procrastinate. Start by gathering evidence, understanding your standing, and evaluating whether the strength of your case justifies the cost of litigation.

The Contesting a Will toolkit provides a structured process for all of this: evidence trackers, a standing self-assessment, communication scripts for approaching the executor, and a cost-benefit calculator that helps you make a strategic decision before committing to litigation.