After someone dies and their will is admitted to probate, there’s a two-year window to bring a lawsuit challenging the will.
To contest a will in Texas, you must be an interested person and have legitimate grounds for your claim. An interested person is someone who has a right or claim to the estate, such as a spouse or heir. Determining if you have proper grounds to contest the will is trickier.
Being upset about what you did or didn’t get under the will isn’t enough to bring a claim. Some valid reasons to challenge a will are the testator lacked the mental capacity to make a will, or they created it because of undue influence from someone else.
You must file a petition with the appropriate probate court to initiate the proceeding. A hearing will take place where the judge will evaluate the evidence and listen to the witness and expert testimony.
Depending on the complexity of the case and the court’s current caseload, a will contest can last months or years.