If you believe a loved one’s will doesn’t match what they actually wanted, you generally have two years from the date the will was admitted to probate to challenge it in a Texas court. A will contest is a lawsuit that asks the probate court to declare all or part of a will invalid, usually because the person who signed it lacked the mental capacity to do so, was pressured into it, or the document was never signed the way the law requires. These cases are fact-heavy and time-sensitive, and the moment you suspect something is wrong is the moment to start protecting your rights.
Watching someone else inherit what your parent or grandparent meant for you, especially when a late-in-life caregiver or a single family member seems to have steered everything their way, is painful and disorienting. You do not have to sort it out alone.
Our team at Sanchez & Farrar PLLC offers a free consultation so you can understand whether you have grounds and how much time you have left to act. Call 830-218-4338 or contact us online to talk through your situation today.
Will contests split families and move fast, and the probate courts in Travis County expect challengers to come prepared with real evidence, not just a sense that something feels wrong. Our firm handles these disputes with a steady focus on what actually persuades a judge or jury: medical records, witness accounts, financial trails, and the timeline of how a will came to be. We prepare every contest as if it will go to trial, because a credible willingness to try the case often drives the best settlement.
We also understand that these fights are personal. You are grieving while fighting, and the person on the other side is often a sibling or relative. We keep you informed, explain your options in plain language, and handle the confrontation so you can focus on your family. You can read testimonials from past clients to see how we have guided people through this kind of dispute, and every case begins with a free consultation.
Not everyone who feels wronged has the legal right to challenge a will. Texas limits will contests to an “interested person,” which under Texas Estates Code § 22.018 includes heirs, beneficiaries, a spouse, creditors, and anyone else with a property right in or claim against the estate. In practice, that usually means one of these situations applies to you:
Simply being unhappy with how an estate was divided is not enough. Texas lets a person of sound mind disinherit almost anyone, so you need both standing and a recognized legal ground before a court will step in.
A Texas court will not throw out a will because it seems unfair. You must prove one of the recognized grounds that make a will legally invalid:
Each ground carries its own type of proof. Undue influence often turns on a pattern of isolation and control, while a capacity claim leans heavily on medical records and testimony about the person’s condition when they signed.
Timing controls everything in a will contest. Under Texas Estates Code § 256.204, you generally have two years from the date the court admits the will to probate to file your challenge. Missing that deadline almost always ends your right to contest, even if your claim was strong. The clock is measured from the probate order, not the date of death, which matters because a will may not be admitted until months or even years after someone passes.
There are narrow exceptions: a contest based on forgery or other fraud can be filed within two years of discovering it, and a person who was a minor when the will was probated gets two years after turning 18. Because these exceptions are limited and fact-specific, the safest move is to have your situation reviewed by our will contest attorneys as soon as you have concerns.
Because a contest can take time to resolve, the court can also appoint a temporary administrator while it is pending, so the estate’s assets are protected and property is not sold or distributed before the dispute is resolved.
Winning a will contest depends on proof, and Texas courts presume a will is valid until you show otherwise. Once a will has been admitted to probate, the burden falls on you to show why it should be set aside. The evidence that tends to matter most includes:
Gathering this evidence takes time, and memories fade while records get lost or destroyed, which is another reason acting early strengthens your position.
Yes, and it is often the stronger position. If you challenge a will before the court admits it, the person offering the will carries the burden of proving it is valid, rather than the burden shifting to you after admission.
If a court invalidates the will, the estate is usually distributed under a prior valid will, if one exists, or under Texas intestacy law as if there had been no will. That can substantially change who inherits and how much.
Not always. A no-contest clause is a provision in a will that disinherits any beneficiary who challenges it. Texas enforces these clauses, but they do not apply if you bring your challenge in good faith and with just cause.
Every day you wait, evidence gets harder to find, and the two-year deadline draws closer. If you suspect the estate plan you’re facing isn’t the one your loved one truly intended, the time to act is now, while your options are still open. Our attorneys at Sanchez & Farrar PLLC are ready to review your case, protect your rights, and stand with you through a difficult fight. Call 830-218-4338 or contact us online today to schedule your free consultation.
To learn more about the services offered by Sanchez & Farrar, PLLC, call our firm or send us an email. We have offices in New Braunfels and Austin.
