FAQ: Who Can Contest a Will in Texas?
Quick Answer: Under Texas law, only certain individuals—known as “interested persons”—have the legal right to contest a Will. The rules for challenging a Will are outlined in the Texas Estates Code, which sets specific limits on who can file an objection and when.
At The Ashmore Law Firm, we help clients determine if they have the legal standing to contest a Will and guide them through the complex probate process in Dallas and across Texas.
The Law That Governs Will Contests in Texas
Will contests in Texas are governed by the Texas Estates Code, particularly:
-
Chapter 55, Section 55.001, which states:
“Any person interested in an estate may, at any time before the court decides an issue in a proceeding, file written opposition regarding the issue. The person is entitled to process for witnesses and evidence, and to be heard upon opposition, as in other suits.”
This section gives “interested persons” the right to challenge issues related to the administration of an estate—such as the validity of a Will.
Who Is Considered an “Interested Person” in a will contest?
According to Chapter 22, Section 22.018 of the Texas Estates Code, an interested person includes:
“An heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and anyone interested in the welfare of an incapacitated person, including a minor.”
In simpler terms, the following individuals may have the right to contest a Will in Texas:
-
Heirs who would inherit if no valid Will existed
-
Devisees or beneficiaries named in a prior Will
-
Spouses of the deceased
-
Creditors with valid claims against the estate
-
Anyone with a property interest or legal claim related to the estate
-
Individuals concerned with the welfare of a minor or incapacitated person involved in the estate
If you don’t fall into one of these categories, you likely do not have standing to contest the Will.
Why Legal Standing Matters
Texas courts take Will contests seriously, and they require proof that you are directly affected by the Will’s outcome. Without proper standing, your case can be dismissed before the court ever reviews the details.
An experienced probate litigation attorney can help you:
-
Determine if you qualify as an interested person
-
Evaluate whether you have grounds to contest the Will
-
File the necessary documents within the required deadlines
How The Ashmore Law Firm Can Help
When you work with The Ashmore Law Firm, our attorneys will:
-
Review the Will and any previous versions
-
Assess your eligibility to contest under Texas law
-
Identify potential evidence of undue influence, fraud, or lack of capacity
-
File your opposition before the statutory deadlines expire
-
Represent you in court and protect your rights throughout the process
Our team combines decades of probate experience with in-depth knowledge of Texas Estates Code procedures to give you the best possible representation.
Do You Need to Contest a Will in the Dallas Area?
If you believe a Will was executed unfairly or improperly, contact The Ashmore Law Firm immediately. Timing and eligibility are critical when contesting a Will in Texas.
đź“ž Call us at 214.559.7202 or contact us online today.
We proudly represent clients throughout the Dallas area in all probate and estate litigation matters.
