You just lost someone you love. The grief is raw. And now someone in the family is threatening to contest the will—or worse, they've already filed a lawsuit in probate court.
If you're the executor, the named beneficiary, or even the person thinking about contesting, you're probably asking: What happens next? How long does this take? And what does it actually cost?
Here's a plain-English walkthrough of will contests in Texas, what the law requires, and what you can realistically expect.
A will contest is a formal lawsuit challenging the validity of a will that's been (or is about to be) admitted to probate. In Texas, these contests are governed by Chapter 256 of the Texas Estates Code.
The person filing the contest is usually an heir, a beneficiary under an earlier will, or someone who believes they should have inherited but didn't. The goal is to have the court throw out the will—either entirely or in part.
If the will is tossed, the estate typically gets distributed under an earlier valid will, or if there isn't one, under Texas intestacy laws (the state's default rules for who inherits when there's no will).
Not just anyone can walk into court and challenge a will. Texas law requires you to have standing—a legal stake in the outcome.
Under Tex. Estates Code § 256.001, you have standing if you're:
If you don't fit one of these categories, the court will dismiss your contest before it even gets started.
Texas doesn't let you contest a will just because you don't like what it says. You need a legally recognized reason. The most common grounds are:
The person making the will (the "testator") didn't understand what they were doing when they signed it. Under Texas law, you must have the mental ability to:
This often comes up when the testator had dementia, Alzheimer's, or was heavily medicated at the time of signing.
Someone pressured, manipulated, or coerced the testator into making the will (or changing it) in a way that benefits the influencer. This is more than just persuasion—it has to rise to the level of overpowering the testator's free will.
Classic red flags: a caregiver who isolates the testator, sudden changes to the will that benefit one person dramatically, or a will signed right after a health crisis when the testator was vulnerable.
Someone lied to the testator about material facts, and those lies affected what went into the will. For example, telling a parent that their child is dead (when they're not) so the parent removes them from the will.
The will wasn't signed according to Texas law. Under Tex. Estates Code § 251.051, a valid will must be:
If the formalities aren't followed, the will can be thrown out on technical grounds—even if everyone agrees it reflects the testator's true wishes.
The testator revoked the will before death by destroying it, making a newer will, or executing a written revocation. If someone's trying to probate a will that was already revoked, you can contest it.
Someone (usually the named executor) files an application to admit the will to probate. This kicks off the case.
The contestant files a formal pleading—often called a "contest" or "objection"—with the probate court. In Texas, this must be done before the court admits the will to probate or, if the will has already been admitted, within two years after the will is probated (Tex. Estates Code § 256.204).
Critical deadline: If you miss that two-year window, you lose your right to contest—even if you have a valid reason.
Both sides gather evidence. This can include:
Discovery in will contests can get expensive fast, especially when expert witnesses are involved.
Texas courts often encourage (or require) mediation before trial. Sometimes these cases settle—especially when the emotional and financial cost of a trial becomes clear to everyone involved.
If the case doesn't settle, it goes to trial in probate court. In Texas, will contests are often tried to a jury if one side requests it. The contestant has the burden of proving their claim by a preponderance of the evidence (more likely than not).
The court will hear testimony, review documents, and ultimately decide whether the will is valid.
The losing side can appeal to the Texas Court of Appeals. Appeals can add another year or more to the process.
Honestly? Longer than you want.
A straightforward contest that settles might wrap up in 6 to 12 months. A contested trial can take 18 months to 3 years—or longer if there's an appeal.
Meanwhile, the estate is often frozen. Assets can't be distributed, property can't be sold, and everyone's stuck in legal limbo.
Texas will contests are expensive. Legal fees typically run $25,000 to $100,000+ depending on the complexity of the case and whether it goes to trial.
Add in expert witness fees (doctors, forensic accountants, handwriting analysts), court costs, and deposition expenses, and the bills can easily exceed six figures.
Here's the other hard truth: if you lose, you might be responsible for paying the other side's attorney fees under certain circumstances—especially if the court finds your contest was brought in bad faith.
Some wills include a no-contest clause (also called an "in terrorem" clause). It says: If you challenge this will and lose, you forfeit whatever you were supposed to inherit.
Texas enforces these clauses, but only if there's probable cause for the contest (Tex. Estates Code § 256.205). If you have a legitimate legal reason to challenge the will, the no-contest clause won't necessarily hurt you. But if your challenge is frivolous, you could lose everything.
If someone is contesting a will—or you're thinking about it—here's what to do:
Will contests are messy. They pit family members against each other, drag out the grieving process, and burn through money that could have gone to the people the decedent loved.
But sometimes they're necessary. If a will was procured through fraud, undue influence, or when someone lacked the capacity to know what they were signing, the law gives you a path to challenge it.
The question is whether that path is worth taking. And that's a decision only you—with the help of an experienced probate litigation attorney—can make.
PEEPL Law handles probate litigation across the Austin area and Central Texas. Call us at (512) 518-2565 or email mark@PEEPLlaw.com to discuss your case.
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