The Law Offices of T. Jeremy Watson

Section 10 of the Texas Probate Code provides that any “interested person” may contest a will. Section 3(r) of the Texas Probate Code defines interested person to include heirs, devisees, spouses, creditors, or any other person or entity having a property right in or claim against the estate.

A will contest can be filed anytime prior to the hearing to admit the will to probate. Tex. Prob. Code § 93. To contest a will that has already been admitted to probate, generally the contest must be filed within two years of the date the will was admitted to probate. This period may be extended due to fraudulent acts that prevent a party from having a fair opportunity to present his or her case. A person who is a minor or who is otherwise incapacitated at the time a will is admitted to probate may bring a will contest within two years of the date that they turn 18, or that their disabilities are otherwise removed.