Finding out that a loved one’s will is being processed through probate can raise difficult questions, particularly if you believe the document does not reflect their true wishes. Perhaps you were unexpectedly excluded from the inheritance, suspect someone pressured your loved one into changing the will, or have concerns about how the document was prepared.
But does probate mean you have lost your opportunity to challenge it?
No. Texas law allows eligible individuals to contest a will even after probate proceedings have started. However, the legal process and deadlines depend on whether the court has formally admitted the will to probate.
Understanding where the proceedings stand is essential before deciding what to do next.
Can You Challenge a Will Once Probate Has Started?
Yes. You can challenge a will after probate begins, provided you have a legally recognised reason and meet the applicable filing requirements.
There is an important distinction between filing an application to probate a will and having the court approve it.
Under Section 55.001 of the Texas Estates Code, an interested person may file an objection before the court decides an issue in the probate proceeding.
If the court has already admitted the will to probate, you may need to pursue a separate legal action to challenge its validity.
The appropriate approach depends on the stage of the proceedings.
How Long Do You Have to Contest a Will in Texas?
Timing is critical in a Texas will contest.
Under Section 256.204 of the Texas Estates Code, an interested person generally has two years from the date the will is admitted to probate to file a lawsuit challenging its validity.
Certain exceptions may apply, including specific circumstances involving fraud, forgery or legal incapacity.
However, these exceptions are limited and do not automatically extend the deadline in every case.
Waiting too long can also make it harder to obtain medical records, locate witnesses and preserve evidence surrounding the preparation of the will.
What Are the Legal Grounds for Contesting a Will in Texas?
Being unhappy with how an estate is distributed is not enough to invalidate a will. You must establish a recognised legal ground.
Common reasons for challenging a will include:
1. Lack of Testamentary Capacity
The person making the will must have had the mental capacity required by Texas law when signing it. Serious cognitive impairment or other conditions affecting their understanding may raise questions about its validity.
2. Undue Influence
A will may be challenged if someone used improper pressure or manipulation to override the deceased person’s free will. For example, a relative who controlled an elderly parent’s affairs may have pressured them into changing their inheritance arrangements.
3. Fraud or Forgery
A challenge may be appropriate if someone forged a signature, altered the document without authorisation or deceived the deceased into signing something they did not understand.
4. Improper Execution
Texas law establishes specific requirements for signing and witnessing a will. A formal written will generally requires the testator’s signature and attestation by two credible witnesses. Holographic wills, written entirely in the testator’s handwriting, follow different rules.
Failure to satisfy the applicable requirements may provide grounds for challenging the document.
Does Contesting a Will Stop the Distribution of an Estate?
Not automatically.
Filing a will contest does not necessarily prevent an executor from managing or distributing estate property while the dispute continues.
If valuable assets are about to be sold or distributed, you may need to seek appropriate court intervention to protect them.
This is one reason early legal advice matters. Once estate property has been transferred, recovering it can become considerably more complicated.
What If the Will Contains a No-Contest Clause?
Some wills contain provisions stating that a beneficiary who challenges the document may lose their inheritance.
However, Texas law does not automatically enforce every no-contest clause.
Under Section 254.005 of the Texas Estates Code, a no-contest clause is generally unenforceable when the beneficiary brings the action in good faith and with just cause.
Before filing a challenge, it is important to understand how the provision applies to your circumstances and what financial risks may arise.
Speak With a Texas Probate Attorney About Your Will Contest
Disputes over a loved one’s estate can become complicated quickly. Family disagreements, questionable changes to a will and concerns about how an inheritance is being distributed can create legal and emotional pressure.
You do not have to wait until the situation becomes more difficult to seek legal guidance.
At the Law Office of Udo Ezeamama, we understand the importance of protecting your interests when questions arise about the validity of a loved one’s will. Whether probate has just started or the court has already admitted the will, understanding your legal position is an important first step.
Our office can help examine the circumstances surrounding the will, identify potential grounds for a challenge and explain the legal options available under Texas law.
If you suspect undue influence, fraud, forgery or a lack of testamentary capacity, do not assume there is nothing you can do.
Contact the Law Office of Udo Ezeamama to discuss your concerns and understand the steps you may take to protect your inheritance and legal rights. Acting promptly could make an important difference in your case.
Final Thoughts
A will entering probate does not mean every question about its validity has been settled. If something about the document seems suspicious or you believe your loved one’s decisions were influenced by someone else, you may still have grounds to challenge it.
The key is knowing when to act, what evidence matters and which legal procedures apply. In a contested estate, waiting for answers can sometimes mean losing the opportunity to pursue them.
If you have concerns about a will going through probate in Texas, getting the right legal guidance early can help you make informed decisions about what happens next.
Frequently Asked Questions
1. Can I contest a will after the executor has been appointed in Texas?
Yes. Having an executor appointed does not automatically prevent you from challenging a will. You must still meet the applicable legal requirements and deadlines.
2. Can I contest a will if I was left out of it?
Possibly. Being excluded does not automatically establish grounds for a contest. You must have a legally recognised interest and a valid reason to challenge the document.
3. Does contesting a will stop probate in Texas?
No. Filing a contest does not automatically suspend all probate activities or prevent estate distributions. Additional court action may be necessary.
4. What happens if I miss the two-year deadline?
Generally, your lawsuit may be barred. Limited statutory exceptions exist for certain circumstances involving fraud, forgery and legal incapacity.
5. Can a will be challenged after the estate has been distributed?
A challenge may still be possible within the applicable deadline, but recovering distributed assets can be difficult. The available remedies depend on the circumstances.