When someone passes away in Texas, their last will and testament is usually submitted to probate—a court process that validates the will and oversees the distribution of the estate. But what happens if you believe the will is invalid or that something suspicious occurred? Can you contest a will after it’s already been admitted to probate?

The short answer is yes—but there are specific rules, deadlines, and legal hurdles you need to understand. This guide breaks down everything you need to know about contesting a will in Texas after probate, including common reasons for a will contest, legal standing, time limits, and what to expect during the process.

What Does It Mean to Contest a Will?

Contesting a will means you are formally challenging its validity in court. You’re asking the court to either:

• Invalidate the entire will, or
• Set aside certain parts of the will

This usually happens because someone believes the will does not truly reflect the intentions of the deceased, or that it was created under suspicious circumstances.

Can You Contest a Will After Probate Has Been Granted?

Yes, but time is limited. In Texas, once a will is admitted to probate, a contestant typically has up to two years to challenge it. However, there are exceptions where this deadline may be extended—such as if the will was forged or if fraud was involved in concealing it.

It’s important to act quickly. The longer you wait, the harder it becomes to gather evidence and build a strong case.

Who Can Contest a Will in Texas?

Only individuals or entities with “legal standing” can contest a will. This means you must have a financial or personal interest that would be affected if the will is found to be invalid. Common examples include:

• Heirs under Texas intestate succession (if no valid will existed)
• Beneficiaries under a prior will
• Creditors of the estate
• People who were promised something by the decedent

If you would inherit or receive more under a prior will—or if the current will disinherits you altogether—you may have grounds to contest.

Common Legal Grounds for Contesting a Will in Texas

Texas law recognizes several valid reasons for contesting a will. Simply being unhappy with the inheritance (or lack of one) is not enough. To successfully challenge a will, you must present one or more legal grounds:

1. Lack of Testamentary Capacity

To create a valid will in Texas, the testator (person making the will) must have had the mental capacity to understand:

• The nature of the act (making a will)
• The extent and value of their property
• Who their natural heirs are
• How the will disposes of their property

If the testator had advanced dementia, was under the influence of medication, or was otherwise mentally compromised, the will may be contested.

2. Undue Influence

Undue influence occurs when someone exerts excessive pressure on the testator to change their will in a way that benefits the influencer. This pressure must rise to the level where it overcomes the testator’s free will.

For example, if a caregiver isolates an elderly person and manipulates them into cutting out family members in favor of themselves, this could be grounds for a contest.

3. Fraud or Forgery

If the will was forged or signed under fraudulent circumstances—such as tricking the testator into signing a will they didn’t understand—it can be challenged.

Texas courts take these allegations seriously and require solid proof, such as handwriting experts, witness testimony, or other documentary evidence.

4. Improper Execution

Texas law requires that wills be executed according to specific rules:

• The testator must be at least 18 years old (or legally married, or a member of the armed forces)
• The will must be in writing
• It must be signed by the testator (or someone else at their direction and in their presence)
• It must be witnessed by at least two credible witnesses

Failure to follow these steps could render the will invalid.

When Does the Two-Year Deadline Start?

In most cases, the two-year time limit to contest a will begins on the date the will is admitted to probate. But here are some exceptions:

• If you were not given notice of the probate proceedings and did not know the will had been admitted, the clock might not start until you discover this
• If the will was fraudulently concealed, the deadline could be extended based on when you discovered the fraud
• If the will is a forgery, you may have longer than two years to bring a claim

Because time is critical, it’s smart to speak with a probate attorney as soon as possible if you suspect something is wrong.

What Happens If You Win a Will Contest?

If a court finds the will to be invalid, several things could happen:

• The estate could be distributed according to a prior valid will (if one exists)
• If no earlier will exists, the estate may pass under Texas intestate succession laws—meaning it would be divided among surviving relatives such as spouses, children, parents, or siblings

Winning a will contest can significantly change who inherits what. But it also means unraveling legal documents and possibly going through a lengthy trial process.

What Happens If You Lose?

If the court finds the will valid, it will stand as the official expression of the decedent’s wishes. The estate will be distributed accordingly, and the probate process will proceed.

Also, be aware of any “no-contest” clauses in the will. These clauses state that if a beneficiary contests the will and loses, they forfeit their inheritance. However, under Texas law, such clauses are not enforceable if the contest was brought in good faith and with just cause.

What Is the Process of Contesting a Will After Probate?

Here’s a general overview of how the process works:

1. Filing a Petition

You start by filing a formal petition in probate court challenging the will. This must be done within the legal time frame.

2. Notice to Interested Parties

All parties with a stake in the outcome—including executors and beneficiaries—must be notified. This ensures everyone has a chance to respond.

3. Discovery and Evidence Gathering

This stage involves collecting evidence such as medical records, witness statements, expert opinions, and other documentation to support your claims.

4. Mediation or Settlement

In many cases, disputes are resolved out of court through mediation or settlement negotiations. This can be faster and less expensive than a trial.

5. Trial

If no agreement is reached, the case may go to trial. Both sides present evidence and arguments, and the judge makes a ruling on the validity of the will.

How Much Does It Cost to Contest a Will in Texas?

The cost can vary depending on the complexity of the case, whether it settles early, and whether it goes to trial. Common costs include:

• Attorney fees
• Expert witness fees (e.g., doctors, handwriting analysts)
• Court filing fees
• Deposition and discovery costs

Some probate attorneys work on an hourly rate, while others may accept cases on a contingency basis—meaning they get paid only if you win or settle. Always discuss payment options upfront.

Can I Contest a Will Without a Lawyer?

Technically, yes—but it’s rarely a good idea. Will contests involve complex probate rules, legal standards of proof, and procedural deadlines. A mistake in filing or presenting your case could cost you your inheritance—or result in sanctions from the court.

An experienced probate attorney can help you evaluate whether you have a strong claim, gather evidence, and navigate the court process effectively.

What if the Will Has a No-Contest Clause?

A no-contest clause (also called an “in terrorem clause”) is language in the will that penalizes anyone who challenges it. But under Texas Estates Code §254.005, such clauses are not enforceable if the person bringing the contest acted with:

• Just cause, and
• In good faith

This protection is crucial. It means you won’t automatically lose your inheritance just for raising legitimate concerns.

What if the Executor Is Acting Improperly?

Even if the will is valid, you may have concerns about how the executor is handling the estate. Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries.

If the executor is:

• Mismanaging assets
• Failing to provide proper accounting
• Favoring certain beneficiaries
• Delaying distributions

…you may be able to petition the court for their removal or request that the court compel them to act.

Final Thoughts: Take Action Before It’s Too Late

Contesting a will in Texas after probate can be emotionally difficult and legally complex. But if you believe a will was signed under pressure, created while the testator lacked mental capacity, or otherwise doesn’t reflect their true intentions, it’s important to explore your legal options.

Time limits apply, and evidence can fade. If you have questions about whether a will can be challenged—or whether you have standing to bring a claim—consider reaching out to a probate attorney familiar with Texas law.

If you’re dealing with a contested will or have concerns about the probate process, don’t wait to get the answers you need. Speaking with a probate lawyer early can help you protect your rights and your loved one’s legacy.