The Uphill Battle for Heirs Contesting a Will During Texas Probate

Leaving a will behind is one of the most important things a person can do for their heirs and loved ones. Put simply, proper estate planning can prevent major legal issues after a person has passed on. Unfortunately, complications can still arise. In fact, many people find themselves asking how heirs can challenge a will during the probate process in Texas.

For those hoping to successfully navigate this endeavor, the task ahead is far from simple. Contesting a will involves complex legal procedures, requires substantial evidence, and can be taxing in both emotional and financial ways. Whether you’re hoping to contest a will or worried that another heir may choose to do so, understanding the process is essential.

Who Has Standing to Contest a Will in Texas?

For someone to contest a will during the Texas probate process, they must have standing to do so. Legal standing in such a case typically refers to those who have a direct financial interest in the outcome of the probate process. Clearly, this includes anyone specifically mentioned in the will — but this is far from where the list of persons with legal standing ends.

Others with standing to contest a will include:

  • Heirs at law: These are individuals who would inherit assets under Texas intestacy laws had the decedent not created a will. This typically includes any surviving spouse, children, parents, and certain other relatives depending on the situation
  • Prior will beneficiaries: If a person was named in an earlier will, they would clearly stand to benefit if the current will was successfully contested. Legal standing requires a person to prove they’d receive inheritance under the terms of a prior will that would become effective if the contested will is invalidated
  • Creditors: In some instances, creditors may have standing to legally contest a will. This typically occurs if asset distribution under the will would negatively affect their ability to collect on debts owed by the estate

Between these parties and beneficiaries in the will who don’t believe it’s legal, there are clearly many parties who have standing to contest a will. However, keep in mind that presumptions are not enough to warrant action. An individual must prove that they have standing to contest a will during the probate process in Texas.

However, even legal standing doesn’t necessarily mean that a person has the right to mount a challenge.

What Are the Grounds for Contesting a Will?

Those with legal standing can only contest a will in Texas if there are grounds for doing so. This means they have a rational motive or basis for a conviction, action, or belief. Put simply, there must be a legitimate legal issue involved that would justify contesting the administration of a will during the probate process.

There are various grounds for doing so, including:

  • Lack of testamentary capacity: This is the belief that the person who created the will (i.e., testator) lacked the mental capacity to understand the nature of their will, the full extent of their property, or other important issues related to their estate
  • Undue influence: If someone coerces or manipulates an individual into creating a will in a way that doesn’t reflect their true intentions, the document would be considered invalid
  • Forgery or fraud: Any fraudulent means used to create a will or apply a fake signature would be grounds for contesting the document
  • Improper execution: Contesting a will during the Texas probate process is also possible if the formal requirements for executing the will — such as testator signature and credible witnesses — were not met
  • Revocation: Claims that a will was revoked via the creation of a subsequent will or other legal method may serve as grounds for contesting the document

If you believe any of these issues are relevant and you have standing to contest the will, you are able to file a pleading with the probate court. Keep in mind that this is no guarantee that any section of the will — or the document in its entirety — will be invalidated or changed. This simply offers the opportunity to argue your case in court.

Note that the grounds do not include that the terms of the Will are unfair. A person with a valid Will in Texas can leave their estate to whomever they wish, regardless of whether or not it is “fair.” Further, just because the decedent told you one thing and did the opposite does not prove that the act was unintentional. Further, even a medical diagnosis of cognitive impairment may not be enough to prove that the person who created the Will did not understand what they were doing at the time.

Unfortunately, even the legal steps for getting this process started can be complicated.

Steps for Contesting a Will During Texas Probate

If you believe you have legal standing and grounds to contest a will, you’ll need to do so through the probate court. Even in cases where it may seem clear that the will in question has issues, it can still be challenging to contest any specific provision or the entire document. That’s why it’s so important to follow the appropriate steps — and most will benefit from legal assistance.

These steps include:

  • Initiating the contest: Filing a pleading in the court where the will is being administered is the first step. Afterward, the filer must serve notice to all interested parties
  • Going through discovery: The parties to a case must gather evidence to support their side of the story. This can be done with documents, depositions, and even expert witnesses
  • Potential mediation: It never hurts to consider mediation — particularly in cases where a will has a no-contest clause that could disinherit anyone who contests the will
  • Trial: If the relevant parties cannot reach an agreement, they’ll need to argue their case in court. However, the burden of proof is on the person contesting the will
  • Appeal: After a trial concludes, the losing party typically has access to post-trial motions and appeals to higher courts if they suspect legal errors occurred

The lesson here is that no will is necessarily guaranteed. Certain individuals will be able to contest the document in specific circumstances. Proper estate planning can minimize such risks, but the possibility always remains. However, if you wish to contest a Will, it becomes more difficult if you do not act quickly. If it looks like a visit to Texas probate court is in your future, it may be in your best interest to hire an attorney.

At Laura D. Heard Law Firm Inc., our experienced legal team is dedicated to helping our clients through these difficult times. Contact us at 210-775-0353 to schedule your confidential consultation today.