Understanding Will Contests in Texas: A Guide for Heirs and Beneficiaries
When a loved one passes away, emotions run high—and confusion often follows. One of the most difficult situations for families is discovering that a will doesn’t reflect what their loved one truly intended.
At Baxter-Thompson Law PLLC, we represent heirs and beneficiaries throughout Texas in will contest and estate litigation matters, including contingency-fee representation for qualified cases.
If you believe a will was signed when your loved one lacked capacity or was pressured or manipulated by someone else, you may have the right to challenge it—and protect your rightful inheritance.
What Is a Will Contest in Texas?
A will contest is a legal proceeding asking the probate court to declare a will invalid. In Texas, a properly executed will is presumed valid, but that presumption can be overcome with evidence of incapacity, undue influence, fraud, or improper execution.
A will contest is often the only way to uncover the truth, protect a family legacy, and ensure that the estate is distributed according to the decedent’s genuine intent.
Grounds to Contest a Will in Texas
1. Lack of Testamentary Capacity
Texas law requires that a person making a will (the “testator”) must understand:
- That they are making a will,
- The effect of the will,
- The nature and extent of their property, and
- Who their natural heirs are.
If the testator suffered from dementia, Alzheimer’s, or another cognitive impairment, the will may be invalid.
2. Undue Influence
Undue influence occurs when someone manipulates or pressures the testator into signing a will that reflects someone else’s wishes—not their own. Common warning signs include:
- Isolation from family or friends
- Sudden changes in estate plans
- A caregiver or family member benefiting unexpectedly
3. Fraud or Forgery
A will may be contested if it was procured by deception or forged. Discovery of fraud may extend the deadline to file a contest.
4. Improper Execution
A will must comply with the formal requirements of Texas Estates Code § 251.051, including proper witnesses and signatures. A defective execution can make the entire will void.
Who Can Contest a Will?
Only an interested person—someone with a financial interest affected by the will—can bring a contest. This usually includes:
- Heirs at law who were disinherited or cut out
- Beneficiaries under a prior will
- Creditors or fiduciaries with a pecuniary interest
Contests must generally be filed within two years of the will’s admission to probate, though exceptions exist for fraud or legal disability.
Attorney’s Fees and Contingency Options
At Baxter-Thompson Law PLLC, we understand that not every heir or beneficiary can afford to pay hourly legal fees during an already difficult time.
That’s why we consider contingency-fee arrangements in select will contest and estate litigation cases—meaning our firm only recovers a fee if we obtain a recovery or favorable result for you.
Settlement, Mediation, and Family Agreements
Many Texas will contests resolve through mediation or family settlement agreements, which can preserve relationships and avoid the cost of trial.
Our team has extensive experience negotiating fair settlements that honor the decedent’s intent while protecting our clients’ inheritance rights.
Why Choose Baxter-Thompson Law PLLC
Led by Brandy Baxter-Thompson, a Board-Certified Estate Planning and Probate Law Specialist (Texas Board of Legal Specialization) and a nationally recognized fiduciary litigator, our firm represents heirs, beneficiaries, and fiduciaries in high-stakes estate, trust, and probate disputes across Texas.
We combine courtroom experience with compassion for the families we serve—because these cases are not just about money; they’re about justice, dignity, and legacy.
Take Action Today
If you believe a will was executed under suspicious circumstances, or you’ve been unfairly cut out of an estate, don’t wait—the statute of limitations in Texas is short.
📞 Call Baxter-Thompson Law PLLC for a confidential consultation with an experienced Texas will contest attorney.
We’ll review your case, explain your rights, and discuss whether a contingency-fee representation is available for your situation.
Need help with an estate or trust litigation matter, request a consult now.