Disputes over wills and estates often arise during emotionally difficult times. A loved one passes away, and questions follow. Questions about the will, the distribution of assets, or even whether the person who passed really meant for things to play out the way the will says. These concerns are common, and under the right circumstances, a will or probate can be challenged. But these challenges require legal grounds, strong evidence, and an understanding of Texas probate law.

Whether you’re the one considering contesting a will or you’re facing someone else’s challenge to an estate, it’s important to know what the process involves and how to protect your own rights in the process.

When Can a Will or Probate Be Contested (And By Whom)?

Not everyone has the legal right to challenge a will or probate. Only those with standing, such as heirs, beneficiaries named in a prior will, or individuals who would inherit under Texas intestacy laws, can file to contest the will or probate.

Timing also matters. In Texas, there is a limited timeframe to file a will contest. If the will has already been admitted to probate, the window typically closes two years later. However, earlier deadlines may apply in certain cases.

Once a challenge is filed, the court may put the entire probate process on hold until the dispute is resolved. This pause prevents any assets from being distributed until the court determines whether the will is valid.

Common Reasons for Contestation

While not every dispute is legitimate, there are valid reasons why someone might contest a will. These challenges often come down to one of the following claims:

• Lack of Capacity: The person who created the will (known as the testator) must have had the mental ability to understand what they were doing at the time. If cognitive impairment, dementia, or other medical issues affected their thinking, their will could be challenged.
• Undue Influence: If someone in a position of power, like a caregiver, family member, or close friend, pressured the testator into making changes that benefit them, the will could be set aside.
• Fraud or Forgery: A will must be signed voluntarily and truthfully. If someone tricked the testator into signing a document without knowing its contents, or if the signature isn’t real, the court has grounds to reject the will.
• Improper Execution: Texas law requires specific formalities for a will to be valid. If the will lacks the required number of witnesses or wasn’t signed properly, it may be declared invalid.
• Revocation by a Newer Will: If a more recent will exists that revokes the earlier one and meets all legal requirements, the older one can be invalidated.

No matter the reason, proving your case takes more than suspicion. Documentation, witness testimony, and often medical records are necessary to persuade the court.

Settling a Contested Will or Probate

When someone contests a will or probate, the entire process slows down. Before any assets can be distributed, the court must resolve the dispute. This often involves a formal hearing where the person challenging the will presents evidence to support their claims, such as medical records, witness statements, or proof of undue influence. The party defending the will may present testimony from the drafting attorney, family members, or others familiar with the decedent’s wishes.

Some disputes are resolved through negotiation or mediation, especially when family members prefer to avoid a trial. Others move forward in court, where a judge will decide whether the will is valid or should be set aside. If the will is declared invalid, the estate may be distributed under a previous will or according to Texas intestacy laws.

Avoid Costly Estate Disruptions with the Right Attorney

Contesting a will can take months or even years, depending on how many parties are involved and how much evidence is needed. These disputes can drain estate assets and often create long-lasting rifts between family members.

Whether you’re initiating a contest or responding to one, having a probate attorney who knows the local courts and legal standards in Round Rock, Texas, can make all the difference in protecting your interests. At Homestead Legal, we bring deep knowledge of Texas probate law and a reputation for integrity in local courts. Contact our team to move forward with the legal representation you deserve.