The law is specific regarding who is allowed to create a Will, but also who is allowed to challenge it in The State of Texas.
First, you must know that the Texas Estates Code governs Will contests. Let’s take a quick glance at some portions of the Texas Estates Code relating to who is allowed to contest a Last Will and Testament.
Chapter 55, section 55.001 of the Texas Estates Code 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.”
According to Texas Estates Code chapter 22, section 22.018 an interested persons include:
“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.”
If you are not sure if you meet the criteria of an interested party, contact a qualified probate attorney.
A lawyer who is knowledgeable with the Texas Estates Code will be able to advise you on your eligibility to contest a Will. Call our office in Dallas, Texas at 214-559-7202 or contact us online to speak with an experienced Probate Attorney today.
