The time restriction that is placed on an individual’s ability to contest a will filed or admitted to probate in Texas is also known as a statute of limitations. There is an exception to the statute of limitations that stops the clock from running (tolling) in situations where the interested party is incapacitated , such as having a mental illness or not reaching the age of majority. If the party has more than one disability, then the clock does not begin until each one has been removed.
Texas Probate Law
According to Texas Probate Code Section 93, an interested party can contest a will’s validity by filing a formal lawsuit. Under the code, an individual only has two years to contest the will. In this particular situation, the clock begins to run after the will has been admitted into probate. Pursuant to the same law, forged or fraudulent wills can only be contested within two years from its discovery.
There are many different reasons why an interested party would want to contest a Texas probate will. For instance, the individual may find that there was:
- Undue Influence
- Loss of Mental Capacity
These are the most common legal grounds for contesting a Texas will.
During a will contest, it is best that the interested party use the services of a Houston probate attorney. These types of legal proceedings require an extensive amount of evidence and arguments. With the aid of a Houston probate attorney, the interested party will be able to show that they have the right to sue and have a valid reason for contesting the will.
An individual that decides to contest will likely meet a large amount of friction from other heirs. This is why it is important that a Houston probate attorney be used to protect and fight for the legal rights of the interested party.