A Guide to Challenging a Will in Texas

November 30, 2023

Having a loved one pass away is an emotional and trying time. This can be compounded when a dispute arises over their will. If you are feeling overwhelmed and unsure of how to contest a will in Texas, this blog is for you. In this post, we will cover the grounds to challenge a will, how to contest a will, how long the process might take, and how an attorney can help. 


Grounds to challenge a will

If you are considering challenging a will, you must have a valid legal reason. In Texas, valid grounds to challenge a will include improper execution, undue influence, fraud, duress, and lack of testamentary capacity. For example, if the will was not properly witnessed or signed, it can be considered invalid. If the person who signed the will was under duress or was unduly influenced by another person, the will can be challenged.


How to contest a will

To contest a will, you must file a lawsuit. This lawsuit is known as a “will contest.” It is essential to hire an experienced attorney who can help you gather evidence and build your case. You should act quickly, as the statute of limitations to contest a will in Texas is typically only two years from the date that the will was admitted to probate court.


How long will this process take?

Contesting a will can be a long and complicated process. The length of time will depend on the complexity of the case and other factors, such as the court’s docket. It is important to have patience and work closely with your attorney to prepare your case.


How an attorney can help

An attorney experienced in probate disputes can guide you through the process of challenging a will. They can help you navigate the court system, gather evidence, and build a strong case. An attorney can also provide you with invaluable emotional support throughout this difficult time.


We understand that the process of contesting a will in Texas can be daunting and emotional. However, it is important to have a valid legal reason and to act quickly. By hiring an experienced attorney, you can ensure that your case is heard and that your loved one’s wishes are respected. If you have any questions about challenging a will or need assistance, do not hesitate to contact us. We are here to help.


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