May 05, 2025

Contesting a Will in Texas: Grounds, Process, and What You Need to Know

Contesting a will in Texas often arises when individuals suspect unfairness or improper legal procedures in the distribution of a loved one’s assets. Though it may feel overwhelming, learning how to protect your rights is critical. If you believe a will does not reflect the genuine wishes of the deceased, Villeda Law Group in McAllen, Texas, can guide you through the process. Call 956-631-9100 today to learn more about how we protect your interests in matters involving estate planning.

Why Contest a Will in Texas?

Challenging a will is a powerful legal remedy. Texas law allows individuals to question a will’s validity if they suspect it was executed improperly or the person making the will lacked the capacity to understand its terms. At times, beneficiaries may notice sudden changes in the will that raise suspicions about undue influence, fraud, or incomplete formalities.  In each of these scenarios, it is essential to work with will attorneys in McAllen.

Recognizing Grounds for Contesting a Will in Texas

Texas law allows for will contests based on several grounds:

Lack of Mental Capacity

Under Texas law, the testator (the individual creating the will) must understand the extent of their property and the natural objects of their bounty—the individuals who stand to inherit. If it can be established that the testator did not understand these elements at the time of signing, the will may be deemed invalid.

Undue Influence

If a person in a position of trust uses persuasion or pressure to alter the will in their favor, this may constitute undue influence. Clear indications might include isolation of the testator from family, significant departures from prior estate planning documents, and last-minute changes influenced by a single party. Competent estate planning attorneys in McAllen Texas can investigate and seek out patterns or evidence to demonstrate potential undue influence.

Improper Execution

Texas law typically mandates that a will must be signed in the presence of two or more credible witnesses. If the will lacks proper signatures or if the witnesses do not meet legal requirements, the will may not withstand scrutiny in probate court. 

Fraud or Forgery

If someone forged the testator’s signature or fraudulently misled the testator about the document’s contents, the will could be challenged. Such cases can be particularly sensitive, requiring careful collection of evidence to demonstrate wrongdoing.

The Contesting Process

Contesting a will in Texas involves several steps:

Filing a Complaint

Once you suspect the will in question is invalid, the first step is to file a complaint in probate court. It is best to do so in the county where the decedent resided. Texas imposes a strict deadline for these disputes—usually two years from the date the will is admitted to probate. Missing this deadline may foreclose your opportunity to challenge the will.

Discovery and Gathering Evidence

After the initial filing, both sides engage in discovery, collecting documentation, medical records, and other relevant evidence. Effective representation by the top McAllen probate attorney can be pivotal during this stage. Depositions and witness testimony also play a significant role in establishing facts, such as the testator’s mindset.

Court Hearings

If parties cannot reach a settlement, the dispute proceeds to a formal hearing. Here, each side presents arguments and evidence supporting or opposing the will’s validity. Detailed, fact-based arguments from attorneys in McAllen are often necessary to demonstrate why the will should be invalidated.

Court Ruling

The judge decides whether to uphold or invalidate the will. If the court rules in favor of the contestant, the will may be set aside fully or partially, allowing the estate to be distributed under a prior valid will or, in the absence of such, through Texas intestacy rules.

Alternatives to Litigation

While a formal challenge might be necessary in some cases, there are alternatives to consider. Mediation, for instance, allows parties to work with a neutral third party to resolve the dispute without the need for a prolonged court battle. This approach can save time and legal expenses, and it sometimes preserves family relationships that might otherwise be strained by a court trial.

Additionally, if you suspect issues with a will but want to avoid litigation, you could engage an attorney wills trusts and estates to draft a written settlement or mutual agreement among beneficiaries. This method can result in a distribution that better reflects the wishes of both the testator and the concerned parties.

Early Intervention is Key

Moving through a will contest is often time-sensitive, and precision can be the difference between upholding or invalidating a contested document. With the support of Villeda Law Group, individuals gain clarity on each essential step while minimizing legal uncertainties. Contact us today and safeguard your loved one’s legacy by placing your confidence in Villeda Law Group’s commitment to effective representation.