Q:

How do you contest a will in probate in Texas?

A:

Quick Answer

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.

Know More

Full Answer

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 about Financial Planning

Related Questions

  • Q:

    How do you probate a will after a death?

    A:

    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 >
    Filed Under:
  • Q:

    How do you probate a will in Florida?

    A:

    To probate a will in Florida, it must fall under either formal administration or summary administration, according the Florida Bar. To begin the process, the will and any other relevant documents must be filed with the clerk of the circuit court where the deceased lived.

    Full Answer >
    Filed Under:
  • Q:

    What are letters testamentary in Texas?

    A:

    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 >
    Filed Under:
  • Q:

    Is probate necessary?

    A:

    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 >
    Filed Under:

Explore