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

If you believe a loved one’s will was created under suspicious circumstances or doesn’t reflect their true intentions, you may be thinking about contesting the will. But time is of the essence—Texas law sets strict deadlines for when and how you can challenge a will in probate court.

So, how long do you have to contest a will in Texas? The answer depends on the specific circumstances—but in most cases, it’s within two years of the will being admitted to probate.

At The Lange Firm, we help beneficiaries, heirs, and family members understand their rights, assess whether they have a valid case, and file timely will contests when necessary. In this blog, we explain the deadlines, the legal grounds, and the steps involved in contesting a will in Texas.

What Does It Mean to Contest a Will?

Contesting a will means filing a legal challenge in probate court to:

• Invalidate the will entirely, or
  
  
• Challenge specific parts of the will (such as a questionable clause or amendment)
  
  

If successful, the court may:

• Enforce an earlier version of the will
  
  
• Declare the estate intestate (no valid will)
  
  
• Redistribute assets according to Texas intestate succession laws
  
  

How Long Do You Have to Contest a Will in Texas?

✅ Two-Year Rule (General Deadline)

Under Texas Estates Code § 256.204, you generally have two years from the date the will is admitted to probate to file a contest.

This applies whether:

• You are an heir or potential beneficiary left out of the will
  
  
• You suspect fraud, undue influence, or lack of capacity
  
  
• You just learned about the existence of the will
  
  

Note: The clock starts not when the person dies, but when the will is officially accepted by the probate court.

Are There Exceptions to the Two-Year Deadline?

Yes, there are a few key exceptions where the deadline may be extended:

⚖️ 1. Forgery or Fraud Was Involved

If the will was forged or fraudulently submitted, the two-year limit starts when the fraud is discovered—not when the will was probated.

⚖️ 2. You Were a Minor or Legally Incapacitated

If you were under 18 or mentally incapacitated when the will was probated, you may have two years from the date you gain capacity.

⚖️ 3. You Had No Notice of the Will

If you were an interested party and never received legal notice of the probate proceeding, you may be able to contest after the two-year window by challenging the probate’s validity.

📞 The Lange Firm can review your situation to determine whether any of these exceptions apply.

Valid Reasons to Contest a Will in Texas

You can’t contest a will just because you’re unhappy with the outcome. The court requires specific legal grounds, such as:

❌ Lack of Testamentary Capacity

The person creating the will (the testator) didn’t understand:

• What they were doing
  
  
• The nature of their property
  
  
• Who their heirs were
  
  

❌ Undue Influence

Someone pressured or manipulated the testator into changing their will for that person’s benefit.

❌ Fraud or Forgery

The will was signed under false pretenses or was physically forged.

❌ Improper Execution

The will didn’t meet Texas legal requirements:

• Not signed by the testator
  
  
• Not witnessed correctly
  
  
• Not dated or clearly finalized
  
  

❌ Revocation

A newer will or codicil exists that supersedes the version currently in probate.

Who Can Contest a Will?

You must have legal standing to contest a will. This typically includes:

• Heirs at law (children, spouses, siblings, parents, etc.)
  
  
• Named beneficiaries under the current or prior will
  
  
• Creditors or other parties with a financial interest in the estate
  
  

If you are not directly affected by the outcome of the will, the court will likely deny your contest.

How Do You Contest a Will in Texas?

Here’s a simplified overview of the steps:

1. Consult a Probate Attorney

Timing and strategy are critical. An experienced attorney—like those at The Lange Firm—can help assess your case and gather evidence.

2. File a Will Contest in Probate Court

This legal filing must be submitted before the deadline.

3. Participate in Discovery

Both sides gather and exchange evidence, such as:

• Medical records
  
  
• Witness statements
  
  
• Prior wills or drafts
  
  
• Financial documents
  
  

4. Attend a Court Hearing

The judge will decide based on the evidence whether to uphold or invalidate the will.

Risks of Contesting a Will

• No-contest clauses: Some wills include a clause stating that any heir who challenges the will forfeits their inheritance—though Texas courts may not enforce these in every situation.
  
  
• Legal fees: Will contests can be time-consuming and expensive, especially if the case goes to trial.
  
  
• Family strain: Challenging a will can lead to lasting conflict among relatives.
  
  

✅ At The Lange Firm, we help you weigh these risks before moving forward.

How The Lange Firm Can Help

We represent both heirs seeking to contest a will and executors defending a valid will. Our services include:

• Reviewing the probate file and deadlines
  
  
• Investigating claims of fraud, undue influence, or lack of capacity
  
  
• Filing timely will contests or objections
  
  
• Negotiating family settlement agreements
  
  
• Representing clients in probate court
  
  

Whether you need to challenge a will or protect your inheritance, we’ll walk you through the process with clarity and compassion.

📞 Contact The Lange Firm today for a consultation before the clock runs out.

Final Thoughts

So, how long do you have to contest a will in Texas?
✅ Generally two years from the date it’s admitted to probate, though some exceptions apply.
If you believe a will is invalid, don’t wait. Delay could mean losing your right forever.

With experienced legal support from The Lange Firm, you can protect your loved one’s legacy—and your rightful place in it.