He told me the amount I would receive at the beginning of the process. He also told me that I would never have to step inside of a court room, which I didn’t want to due to the complex challenges of probate court. Ryan and his team worked very hard for me.
- AJ J.
Stacy and her team were fantastic. We had heard horror stories of the probate process but our experience was fast and flawless with Stacy. The loss of our loved one was very unexpected and the estate was complicated. Considering the circumstances I can honestly say it couldn’t have gone any better. I have already recommended Stacy to others and will continue to.
- Thomas M.
They were caring and kind all the way through the process. I highly recommend them to anyone entitled to claim leftover funds from foreclosure or who need to probate an estate for a loved one. Here is a picture of myself and my lovely sister, Karen!
- Shirley H.
Stacy is very professional and was able to settle my family dispute.
- Susan
- Susan
Stacy is one of the finest and technically proficient lawyers I have ever met.
- Jennifer
She helped my family navigate a unique probate and trust process right at the end of the year.
- Previous Client
She researched my problem, consulted another expert just for a second opinion, and responded to me with the answers I needed. She is a SUPER PERSON.
- Kathie
I was really sad that I even had to hire an attorney to deal with parts of my family when my dad died but she really helped me get through the process and was SO knowledgeable on everything that was going on.
- Janie
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.
Contesting a will means you are formally challenging its validity in court. You’re asking the court to either:
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.
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.
When a probate matter concludes, it doesn’t always remain closed. Several reasons might necessitate its reopening:
Each of these situations demands a careful analysis to ensure justice and fairness in the distribution of the deceased’s estate. Reopening a probate case is a complex process, often requiring legal intervention.
Overturning a will post-probate is notoriously tough for several reasons. One of the primary hurdles is the legal system’s commitment to finality. Courts aim to settle estates definitively, making it cumbersome to reopen cases once they’ve been decided.
1. Timing Is Critical
Courts typically discourage reopening cases unless there are compelling reasons. If you have concerns about a will’s validity, challenging it during the probate process is crucial. Once probate concludes, reclaiming distributed assets becomes nearly impossible.
2. Legal Barriers
You can’t contest a will simply due to dissatisfaction with how assets were divided. Courts require a solid legal basis for challenges, such as undue influence or lack of testamentary capacity. Without substantial evidence, your case is unlikely to proceed.
3. Statute of Limitations
There’s a limited timeframe to contest a will. Once this period expires, legal avenues close. This means even if you’re sure about an issue, delaying your challenge can nullify your chances.
In summary, the combined pressure of timely action, stringent legal standards, and time limitations creates a daunting environment for overturning a will after probate has closed. Therefore, acting promptly and gathering convincing evidence is imperative when a will’s fairness or validity is in question.
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:
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.
To create a valid will in Texas, the testator (person making the will) must have had the mental capacity to understand:
If the testator had advanced dementia, was under the influence of medication, or was otherwise mentally compromised, the will may be contested.
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.
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.
Texas law requires that wills be executed according to specific rules:
Failure to follow these steps could render the will invalid.
While contesting a will is possible under certain circumstances, some proactive steps can dramatically reduce the likelihood of disputes down the road—and save your heirs a great deal of frustration (not to mention legal fees). Here’s how you can help ensure your wishes aren’t derailed by costly will contests:
Taking these precautions won’t make your will bulletproof, but they will greatly reduce the odds of a successful contest and help ensure your legacy is carried out as you intended.
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:
Because time is critical, it’s smart to speak with a probate attorney as soon as possible if you suspect something is wrong.
If a court finds the will to be invalid, several things could happen:
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.
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.
The cost can vary depending on the complexity of the case, whether it settles early, and whether it goes to trial. Common costs include:
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.
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.
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:
This protection is crucial. It means you won’t automatically lose your inheritance just for raising legitimate concerns.
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:
…you may be able to petition the court for their removal or request that the court compel them to act.
Sometimes, assets might surface after the probate process has concluded. This scenario is not uncommon, and the legal system provides a pathway to address it. Here’s a clear guide on what to do if you find yourself in this situation.
Once probate has been completed, any newly discovered assets require filing a petition called the “descent of omitted property” with the probate court. This petition enables the court to revisit the original probate decree or order. By doing so, the court can redistribute these assets appropriately without initiating a will contest.
The newly found assets will then be allocated in accordance with the instructions outlined in the deceased’s will. If there is no will, distribution will proceed as per the state’s intestacy laws. It’s crucial to remember that any associated taxes resulting from the newly discovered assets must be settled as part of this process.
By following these steps, you can ensure that all assets are handled legally and fairly, maintaining the integrity of the decedent’s estate plan.
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.
Have you lost a loved one and need to settle his or her estate? Do you need the estate administered correctly? Are you concerned that someone may be taking advantage of your relative’s death? Are you concerned about ensuring that the wishes of the deceased are honored?
If the answer to any of these questions is yes, our Texas law firm can help. We can assist you with questions related to inheritance law, will contests, guardianships, property rights, will forms, conservatorships, codicils, intestacy, and more. When you need a probate lawyer in Texas, call Your Texas Probate Attorney.
A wide range of legal problems can arise in business transactions and fiduciary relationships. While the types of disputes can vary, one element remains the same – having an attorney who can untangle the legal mess is vital to a successful outcome.
Most commercial and fiduciary litigation is resolved before the issue reaches a trial so having an attorney who is skilled at the negotiation table as well as in a courtroom is vital. From breach of business contract to breach of fiduciary duty by a trustee, our firm will dedicate the time and resources needed to see you through your legal issues.
Estate planning involves using legal methods to ensure that your assets and property are passed on according to your wishes. It involves wills, trusts, and other legal instruments to accomplish that task and to make other arrangements, such as the type of medical care you wish to receive or not receive should you become incapacitated. Where disputes occur trust administration can lead to negotiation and litigation over various issues from breach of fiduciary duty to removing a trustee and more. Our firm is thoroughly versed in all of the issues that can arise and taking the appropriate legal measures to fully resolve them.
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