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How Long Do You Have to Contest a Will in Texas? A Guide for Heirs and Family Members

You just found out your loved one left a will—and something about it doesn’t sit right. Maybe it was signed under suspicious circumstances. Maybe someone was mysteriously cut out. Whatever the red flag, you’re asking the big question:

“Can I contest this will—and how long do I have to do it?”

In Texas, there are clear legal deadlines for challenging a will, and missing them can permanently close the door. Here’s what you need to know.

What Is a Will Contest?

A will contest is a formal legal challenge brought in probate court. You’re essentially arguing that the will should not be admitted to probate because it’s invalid.

Common reasons people contest a will include:

• Lack of mental capacity

• Undue influence

• Fraud or forgery

• Improper execution (e.g., not signed or witnessed correctly)

• A newer valid will exists

What Is the Deadline to Contest a Will in Texas?

It depends on when the will is filed for probate:

📜 If the Will Has Not Been Admitted to Probate:

You can contest at any time before the will is admitted to probate.

⏳ If the Will Has Been Admitted to Probate:

You generally have 2 years from the date it was admitted to file a contest.

Example:

• Your uncle’s will is admitted to probate on April 1, 2025.

• You have until April 1, 2027, to file your challenge.

🕵️‍♂️ Exception for Fraud:

If you discover that the will was admitted based on fraud, the 2-year clock starts ticking when the fraud is discovered, not when the will was probated.

Who Can Contest a Will in Texas?

To contest a will, you must have standing. That means you’re:

• A beneficiary in the current or prior will

• A legal heir under Texas intestacy laws (if there were no will)

• Someone who would be financially impacted by the outcome

You can’t contest a will just because you disagree with what’s in it. You need a valid legal basis.

What Happens When You Contest a Will?

Contesting a will isn’t just filing a complaint—it’s a legal case. Here’s what typically happens:

1. You file a formal objection (a will contest petition)

2. The probate court schedules hearings

3. Both sides can conduct discovery (gather evidence)

4. The case may settle—or proceed to trial

You’ll need to provide evidence, and the burden of proof is on you to show the will is invalid.

Is It Worth It to Contest a Will?

That depends on your situation. Will contests can:

• Protect rightful heirs

• Expose fraud or manipulation

• Restore an earlier valid will

But they can also:

• Be expensive and time-consuming

• Strain family relationships

• Lead to emotional and financial stress

That’s why working with a skilled probate attorney is key.

Real-Life Example: Undue Influence

Imagine your elderly father was dependent on a caretaker during his final months. After he passes, you find a new will that leaves everything to the caretaker—cutting out the children.

You discover the will was admitted to probate just 6 months ago. You could challenge it based on undue influence, but you must file before the 2-year deadline expires.

How The Lange Firm Helps with Will Contests

At The Lange Firm, we:

• Evaluate your case for legal merit

• Help you file your objection before the deadline

• Gather witness statements, medical records, or earlier wills

• Represent you in court or negotiate settlement

Whether you’re contesting a suspicious will or defending a valid one, we help you move forward with confidence.

Final Takeaway

In Texas, you generally have 2 years after a will is admitted to probate to contest it—but don’t wait until the last minute.

If you believe a will isn’t valid, act quickly. Get the facts, talk to a probate attorney, and protect your family’s legacy.

Contact The Lange Firm today to schedule a consultation and explore your legal options