When a loved one’s final wishes feel off or unfair, emotions can run high, and family ties can stretch thin. Have you wondered if the will truly reflects what the person wanted?
At Bromlow Law, PLLC, we have walked many Texas families through this delicate process. Laura L. Bromlow, an Elder Law attorney recognized by the National Elder Law Foundation, leads our team, and we wrote this guide to explain your legal options without burying you in legal speak.
Who Can Contest a Will in Texas?
Texas law limits a challenge to “interested persons,” so not everyone upset by a will may step into court. You need a direct financial stake before a judge will even listen.
- Heirs at law who would inherit if no will existed
- People or charities named in the current will or in an earlier version
- Creditors with a valid claim against the estate
Close friends or distant cousins usually lack standing unless they fit one of those categories. If you are unsure about your status, a quick chat with an attorney can save time and money.
Valid Legal Grounds for a Will Contest
A Texas court will not set aside a will just because someone feels slighted. You must prove one of several legal reasons, each with its own proof requirements.
Lack of Testamentary Capacity
The person signing the will must have known what the document did, what property was owned, and who would normally receive that property. Dementia, severe mental illness, or heavy medication may rob a person of that understanding. The challenger must gather medical files, caregiver notes, and testimony from those who saw the signer’s condition.
Undue Influence
Coercion happens when someone pressures the signer so strongly that the will reflects the influencer’s wishes rather than the signer’s own. Courts look for an opportunity to influence, a motive to benefit, and evidence that the signer was vulnerable. Sudden or lopsided gifts, especially to caregivers, raise red flags.
Fraud or Forgery
Fraud means tricking the signer about the will’s content, while forgery involves a fake or altered signature. Handwriting professionals, witness statements, and prior drafts help uncover these acts.
Improper Execution
Texas Estates Code demands that the signer plus two credible witnesses sign together. Missing signatures, using only one witness, or any skipped formality can sink the will.
Will Revocation
A valid revocation wipes out the old will. This can happen by creating a newer will or physically destroying the earlier one. Proof might include later-dated documents, shredded originals, or testimony from people who saw the destruction.
Steps to Contest a Will in Texas
The process follows several structured steps once you decide you have standing and a real legal ground.
Consult with a Probate Attorney
First, meet a probate attorney who practices in probate court. That meeting should cover your standing, possible grounds, deadlines, and expected costs.
Gather Evidence
Collect paperwork, medical files, electronic records, and witness lists. The stronger your evidence, the more pressure you place on the opposing side to settle.
File a Lawsuit
Your lawyer prepares a petition that lays out the facts and the specific legal reason you believe the will is invalid. This petition is filed in the probate court handling the estate.
Engage in Legal Proceedings
Both sides exchange information, take depositions, and might try mediation. If no agreement surfaces, the dispute heads to trial, where a judge or jury decides.
Timeframe for Contesting a Will in Texas
You usually have two years from the date the will is admitted to probate to file your contest. Miss that window, and the right to challenge disappears. Acting quickly helps preserve evidence and keeps options open.
What Happens if a Will Contest Is Successful?
If the court rules in your favor, the contested document falls away, and the estate must find another way forward. The table below shows common results.
| Outcome | What It Means | Next Step for the Estate |
| Prior valid will be revived | An earlier will that met all legal rules now controls distribution. | The executor probates the earlier document. |
| Intestate succession | No other will exists, so Texas default rules decide who inherits. | The court appoints an administrator, and assets pass to heirs at law. |
| Partial invalidation | Only certain clauses are struck, with the rest staying in force. | The executor follows the remaining valid clauses. |
| Settlement outside the court | Parties agree on a new distribution, avoiding a final ruling. | The court approves the settlement, then closes the probate. |
Each result changes who receives property and how fast the estate can close, so understanding these paths helps you plan your strategy.
Consequences of an Unsuccessful Will Contest
If the court upholds the will, probate picks up right where it left off. A “no-contest” clause may cut a challenger out entirely, though Texas judges sometimes soften that blow if the contest was filed in good faith. Even without financial penalties, legal bills and damaged relationships can linger long after the case ends.
Need Probate Help in Texas? Contact Bromlow Law, PLLC, Today
At Bromlow Law, PLLC, we fight for fair outcomes while keeping family harmony in focus. Led by Laura L. Bromlow, our Katy-based team knows Texas probate inside and out and works closely with clients to create plans that reflect their goals. If you believe a will in your family needs a closer look, call us at (281) 665-3807 or visit our Contact Us page to schedule a consultation. One conversation can clarify your legal options and help protect the legacy your loved one intended.