How Do You Contest A Will In Texas?
Wills and probate proceedings in Texas are governed by the Texas Probate Code. This code details every aspect of probate law in Texas such as who may write a will, what is required for a will to be legally enforceable and who is allowed to challenge a will. Challenging a will is difficult; you must have valid grounds to challenge it and you must follow court procedures (such as filing documents and presenting evidence). It is highly recommended that you hire a Texas attorney to handle this matter for you. Be an “interested party.” Texas Probate Code, chapter 1, section 10, allows “any person interested in an estate” to challenge the will. An “interested person,” according to Texas Probate Code chapter 1, section 3(r) is an heir, devisee (someone who takes under the will), spouse, creditor, or person with a claim against the estate. Determine if you have valid grounds to challenge the will. “Grounds” include claiming that the decedent did not voluntarily write the will, that the deceden
