To contest a will that is already in probate in Texas, file a will contest with the local court where it was admitted to probate. Will contesting can be done with or without an attorney, notes LegalZoom. Since the process can be lengthy and intricate, probate attorneys are available.
According to TheProbate.Net from inheritance attorney Robert Ray, Texas has guidelines for contesting a will that is in probate. There are guidelines for the circumstances that qualify contesting of a will. There are also time limitations regarding when the will must be contested. Since a will in probate has already been through the process of being admitted to probate by a judge, there is a two-year time frame in which any challenges must be claimed.
According to LegalZoom, all challenges must be done by someone considered an interested party, which is someone who would have received something as part of the will if it were not under probate. Qualified circumstances in Texas for contesting a will include improper execution of a will, forgery, being under the influence of another dominating person and testamentary capacity. Testamentary capacity refers to the deceased person's ability to understand the will as written.Learn More
To probate a will after death, the executor of the will has to file probate papers, prove the will is valid and supply a list of the deceased's assets and debts as well as the names of the inheritors, notes Nolo. The probate process is often time consuming and expensive.Full Answer >
Letters testamentary in Texas are letters issued by a probate court. They state that a person has the ability to act on behalf of a decedent’s estate, pursuant to the person’s last will and testament, says Texas attorney David L. Leon.Full Answer >
Probate is necessary if the deceased owned property or assets that were solely in his name without any joint owners or a designation that is payable on death, says estate expert Julie Garber on About.com. That property or asset needs to go into probate in order to transfer it out of the decedent's name.Full Answer >
Probate is the legal process by which the assets owned by a dead person are transferred to the heirs or beneficiaries of that person. During probate, the court first must ascertain that the will is valid, and then a full accounting of all the person's assets are made by the executor of the estate. The final transfer occurs once any debts owed by the deceased have been paid, states the California Courts website.Full Answer >