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 Time limits to contest a will
The time limits for opposing a will, what the law refers to as the statute of limitations, is complicated. It is complicated because the time limits center around the date that the will is admitted to probate, not the date of death of the testator. See the article on the probate process to become familiar with how a will is probated.
You can oppose a will filed for probate at any time before it is admitted to probate. For instance, the testator is incompetent. Someone who has control over the testator makes the testator sign a will even though the testator doesn't know what he is doing. The testator dies and the proponent of the will files it for probate. A person who opposes that will can oppose the probate at any time before it is admitted to probate. After a will is admitted to probate, time limits for contesting the will apply.
The basic rule is that a person has two years from the date a will is admitted to probate to contest it. That seems simple enough. However, the proponent of the will has four years after the death of the testator to file the will for probate. If the proponent files the will just before the four years is up, the contestant will have two years after that to contest the will (six years after the death of the testator!) To complicate matters even more, a person who is not at fault can file a will more than four years after the death of the testator. "Not at fault" usually means that the person who files the will for probate after four years did not know about the will during the four years after the testator's death but found it later. If a person knows about the will and just doesn't file it, he is usually at fault and can't file it after four years elapses. As with all rules, there are exceptions. If the person knew about the will but was told by his lawyer that he didn't need to file it, he may not be at fault and may be able to file the will after four years. In any event, the contestant can challenge the will within two years of the date that it was admitted to probate.
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Find Out More About Timelimits to Contest a Will
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 The process for probating a will in Texas is for the proponent of the will to contact a lawyer to file it for probate with the county clerk. The clerk then post notice of the filing on the courthouse door (usually just a wall in the hallway) and serves process on those entitled to process. If you are not entitled to receive personal service, your notice is the notice that is posted on the courthouse door.
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Read more about the probate process...
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 If you have a dispute involving wills, trust, mismanaged estates or inheritance rights, you need to take action now. Each state has statutes of limitation that will prohibit you from taking any action if you wait too long.
It is important that you contact an attorney as soon as you suspect that there is a problem with an estate in which you have an interest. Even if you don't have a current interest but only a future interest it is necessary to contact an attorney now. If you wait, the estate may be dissipated and nothing will be left for you or your children.
Our consultation is free. Contact us now so that we can help you before it is too late. You can contact us here --> here.
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 Contesting a will before or after it has been admitted to probate?
You can contest a will either before or after it has been admitted to probate; however, there are certain benefits to contesting the will before it is admitted. If a will is contested before it is admitted to probate, the
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Read more about contesting a will before it has been admitted to probate
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 The law requires that a proceeding contesting a will be filed within two years of the time that the will was admitted to probate. But what if someone has a newer, different will in their possession than the one admitted to probate?
In that situation, it may be possible to file the newer, different will more than two years after the other will has been admitted to probate because the law says that you can file a will for probate within fours years of the testator's death. While filing a newer, different will than the will admitted to probate is surely a 'contest,' some courts have allowed the process to go forward, treating the proceeding as a filing of a will (four years) as opposed to a will contest (two years.) If you would like to talk to an estate planning attorney or a lawyer who is familiar with probate law to advise you about a will contest, click on the "Contact Us" tab at the top. |
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