Contesting a Will in Texas
The deadline, the grounds, the no-contest-clause risk, and your first step. Verified against the cited statute.
This is legal information, not legal advice. Contest-a-Will Navigator is a self-help research and document-preparation tool. It is not a law firm, does not represent you, and using it creates no attorney-client relationship. Will contests are litigation with strict, unforgiving deadlines and real risk. Verify every detail against your state's current statutes and court rules, and consult a licensed probate attorney before acting.
The deadline verified
⏰ 2 years after the will is admitted to probate (fraud/forgery: 2 years from discovery)
After a will is admitted to probate, an interested person generally has until the second anniversary of that admission to file a contest. For forgery or other fraud, the window runs 2 years from discovery. Incapacitated persons get 2 years from the removal of their disability. This is one of the longer windows in the country — but do not wait, since estate assets may be distributed.
Missing a will-contest deadline almost always ends the case permanently, even when the will is genuinely defective. Treat the date as hard.
No-contest (in terrorem) clause in Texas
🛡️ Enforceable unless you prove just cause AND good faith
A Texas forfeiture (no-contest) clause is enforceable, but it will not be enforced if the contestant proves, by a preponderance of the evidence, that (1) just cause existed for bringing the action and (2) the action was brought and maintained in good faith. Texas courts construe these clauses strictly and rarely enforce them, but the burden is on you — get this assessed before you file.
How no-contest clauses work, state by state →
Grounds to contest a will in Texas
Texas recognizes the same core grounds used across the U.S. You need a valid legal ground — being unhappy with your share is not enough.
- 🧠 Lack of testamentary capacity — The will-maker did not understand what they owned, who their natural heirs were, or the act of making a will.
- 🕸️ Undue influence — Someone in a position of trust overpowered the will-maker's free choice.
- 🎭 Fraud — The will-maker was deceived into signing or into its terms.
- 📝 Improper execution / formalities — The will was not signed and witnessed the way state law requires.
- ✍️ Forgery — The signature or the document itself is fake.
- 🗑️ Revocation / a later will — A newer valid will or codicil replaced this one, or the will was revoked.
Full breakdown of each ground + the evidence it needs →
Who can contest & the first step
Standing: only an "interested person" — typically an heir who would inherit if the will were invalid, or a beneficiary under a prior will — can contest in Texas.
File where: The statutory probate court, county court at law, or constitutional county court where the will was admitted
First step: File a will-contest suit in the court that admitted the will, within 2 years of admission (or 2 years from discovery for forgery/fraud).
🚨 Get a probate attorney before you file if any of these are true
- The estate is large or complex (real estate in several states, a business, trusts).
- There is a no-contest clause AND your state may enforce it — losing can mean losing your inheritance.
- Your grounds are capacity or undue influence (these need medical experts and discovery).
- You suspect forgery (you will need a handwriting/questioned-document expert).
- The deadline is near, unclear, or may have passed.
- Honestly: almost every contested will involves litigation. A free or low-cost consult is worth it before you commit.
Find a probate attorney near you →
Build your full Texas roadmap
Use the free navigator to get a personalized roadmap with a deadline countdown from your own dates.
Open the navigator →