Being left out of a will, or seeing a parent's longtime plan change suddenly near the end of life, is painful. Texas law does allow wills to be challenged — but only on specific grounds, by specific people, within firm deadlines. Disappointment alone is not a basis for a contest.
Who can contest
Only an “interested person” can challenge a will. Generally that means someone who would gain a property right if the will were set aside — typically an heir who would inherit without the will, or a beneficiary under an earlier will. Someone with no financial stake in the outcome usually has no standing.
The grounds
- Lack of testamentary capacity
- When signing, the person did not understand what a will does, the general nature and extent of their property, or who their family members were.
- Undue influence
- Someone exerted pressure that overpowered the person's own free will, so the will reflects the influencer's wishes instead. Opportunity and a changed will are not enough on their own.
- Improper execution
- The will was not signed and witnessed as Texas law requires.
- Fraud or forgery
- The person was deceived into signing, or the signature is not theirs.
- Revocation
- The will was revoked by a later will or by being destroyed with intent to revoke.
The deadlines
- Before the will is admitted to probate, an interested person can file an opposition. At that stage the person offering the will must prove it is valid.
- After the will is admitted, a contest generally must be filed within two years. The burden then shifts to the person challenging it.
- For forgery or fraud, the two years generally runs from when the forgery or fraud was discovered.
If you have concerns, raise them before the will is admitted if you can. It is easier, and the burden of proof sits with the other side. Probate hearings can happen within weeks of a death.
No-contest clauses
Many wills say that a beneficiary who contests forfeits their gift. Texas enforces these clauses, with an important exception: they are not enforced if the contest was brought in good faith and with probable cause. A beneficiary weighing a challenge should get advice on this risk before filing.
What a contest involves
- A petition in the probate court where the estate is pending.
- Discovery: medical records, the drafting attorney's file, witness depositions, and financial records.
- Frequently, mediation. Most contests settle.
- If not, a trial, sometimes before a jury.
Contests are expensive and slow, and they strain families. An executor who defends a will in good faith is generally entitled to have reasonable fees paid from the estate, which means a contest can shrink the pot everyone shares.
Protecting your own will from a contest
- Sign with a lawyer, with a proper self-proving affidavit.
- If capacity may be questioned later, document it at signing.
- Keep people who benefit from changes out of the planning meetings.
- Explain unequal treatment, in the will or a separate letter.
- Review and re-sign periodically, so the plan reflects a consistent intent over time.
Common questions
Can I contest a will just because it is unfair?
No. Texas lets people leave property to whomever they choose. A contest needs a legal ground such as incapacity or undue influence.
What if there are two wills?
The later valid will generally controls. If it is set aside, the earlier will may be probated instead, which is why beneficiaries of an earlier will often have standing.
Can I challenge a trust or a beneficiary designation too?
Often, on similar grounds, though the procedures differ. See our guide to beneficiary designations.
This guide is general information about Texas law as of September 2026, not legal advice for your situation. Laws and dollar figures change, and small facts change outcomes. Reading it does not create an attorney-client relationship. Grover C. Peters III is responsible for this content.