How Long Do You Have to Contest Probate?
The probate process can be complex and lengthy. Many people attempt to make arrangements in their last will and testament to ensure that probate is as simple for their family as possible while they are of sound mind. When the person dies, their will should hopefully be in good legal standing, ensuring that the estate can be handled efficiently, with clear instructions.
However, even the clearest wills that meet all legal requirements can be contested. The beneficiaries named in the will may disagree with the distribution of assets following the decedent's death, and there are all sorts of grounds for contesting a will that may require intervention from a lawyer.
Of course, state laws also take into account those that die without leaving a will. Texas intestacy laws ensure that even those that do not have a will may enter the probate process. Descendents and potential beneficiaries retain the right to contest any decisions made in probate court.
Speak to a Probate Attorney from Hardie Alcozer Today
Deciding to contest a will can be a significant decision and can often be more complex than it initially appears. You need the right guidance and legal insight to ensure you make the right decisions, and to help you meet the extremely high bar involved with the burden of proof to successfully contest a will.
The team at Hardie Alcozer is standing by now to help make that happen. Call us today for an initial discussion about your plans to contest probate and to find out more about how we can help at (512) 374-4922.
Understanding the Probate Process
As complex and lengthy as the probate process can be, it would be impossible to allow family members and other interested parties to contest probate indefinitely. There has to be a sense of finality to the process, where a will, probate court, or combination of the two can determine what each beneficiary receives without the chance for any further challenge at a later date.
Typically, probate in Texas will begin within a couple of months of an application being filed. From there, the typical timescale for the process to play out is approximately six months. However, a probate challenge is one of the most common grounds for any delays.
The crucial date for anyone considering disputing a will or otherwise challenging probate is when the will is admitted into probate. From this point, there is a legal time limit for interested parties to make a claim on an estate or the assets contained therein.
How Long Do Interested Parties Have to Contest Probate in Texas?
So, how long do you have to contest probate?
In Texas specifically, that time limit stands at two years from the date of admittance. The act begins a clock on the statute of limitations.
Crucially, challenges do not necessarily need to have been completed within that time period. However, a family member or anyone else that disagrees with the will and has a valid reason to do so must provide formal notice before that deadline passes.
Why You Might Want to Contest Probate
Unsurprisingly, most cases that involve contesting wills are mostly unique. Every will writer has different assets and personal relationships, and there could be all sorts of circumstances behind an official will contest.
Nevertheless, many cases fall under a number of specific scenarios, including:
When closer family members are ignored in a loved one's will in favor of more distant relatives or individuals that the family is unfamiliar with
When the testator was elderly or disabled at the time of determining the will's terms, and potentially without the testamentary capacity to express their wishes
When the deceased's children receive unequal treatment
When there is a significant difference between the latest legal will and a previous version, particularly when the changes were made shortly before the person passes
When the testator exhibited unusual behavior during the creation of their will, particularly when there are reasons for an interested party to believe they were unduly influenced
Legal Grounds for Contesting Probate
Probate law, together with the fact that a will is an official legal document, means that anyone that wishes to dispute the process must have grounds to do so and be willing to provide evidence that makes sense according to Texas state law.
These legal implications mean that appointing a will contest attorney can be a wise decision, especially when an individual's potential stake in the outcome of probate can have a significant bearing on their life.
Some of the most common grounds for will contests include:
Improper Execution of the Will
Even when an individual's wishes are written down in black and white, include a valid signature, and were overseen by at least two witnesses, there may be cause to believe that the will in question was never executed correctly in a legal context.
If any interested parties have reason to believe that the will was not executed in accordance with Texas law, they retain the right to be heard in probate court as long as they adhere to the strict time limits permitted under Texas law.
A Lack of Testamentary Capacity
In order to create a valid will, an individual must have been of sound mind and have the mental capacity to understand their estate and assets, their relationship with any beneficiary named in the will, and the implications of putting their wishes on file.
Beneficiaries may be unaware that the deceased had created a last will and testament, either for the first time or to replace a previous will, until it enters probate. If any such beneficiary wishes to challenge the will in court on this basis, they may require the assistance of a will contest attorney to ensure they can gather evidence and establish the correct timeline.
The Will Writer Being Under Undue Influence
For a will to become a legal document with the validity to stand up in court, it must be easy to determine that it reflects the true wishes of the deceased.
In most cases where a person makes a claim or lodges a challenge against the validity of such wills, it is their responsibility to prove that a third party held undue influence over the will writer.
Such a claim around the validity of a last will and testament may arise for multiple reasons but are particularly common when relatively recent beneficiaries receive parts of the estate having held a position of influence over the deceased while they are elderly, unwell, or otherwise unable to challenge that influence.
In many such cases, when an heir disagrees with the will, they will work with their probate lawyer in an effort to prove that the individual was indeed subject to undue influence and that it had a material effect on the distribution of the estate.
Challenging Fraudulent Inducement
Fraud is a common component of will contests, and anyone contesting a will should act quickly to make any claim where they believe that fraud was or continues to be committed.
Typically, fraud cases involve the deceased having altered their will or created a new one without knowingly doing so. Getting someone to sign a document that is then placed on file as a valid will without their knowledge, for example, is sufficient grounds to contest a will on this basis.
All of these cases can be challenging, and there is often an element of evidence gathering and other work following formal notice of contesting a will. As such, while the statute of limitations on contesting a will in Texas is relatively lengthy, we would encourage anyone with plans to do so to speak to a probate lawyer at the earliest possible opportunity.
What Happens If You Miss the Deadline to Contest Probate?
Anyone has the right to contest probate under Texas law as long as they do so within the statute of limitations of two years. In the vast majority of cases, failure to contest probate within that statute of limitations means that the individual is forever barred from making a future claim.
Why You Should Consult a Texas Probate Attorney
It is vital to understand that if you want to contest a will, it is not always straightforward. Typically, a judge in Texas probate court will believe the validity of a will unless told otherwise, and so the burden of proof to successfully contest a will can be extremely high.
An attorney from Hardie Alcozer can also help you understand the specific implications of making such a challenge. A will may include a no-contest clause, for example, designed specifically to punish someone that makes such a challenge.
Contesting wills with such a no-contest clause in place can significantly increase the workload, as the challenge must succeed, and the outcome must justify any penalties incurred.
Probate Without a Will
Naturally, not all probate cases involve a will. It goes without saying that there is always a chance of heirs contesting probate in this case, as decisions are made in line with state law rather than in accordance with the deceased's wishes.
In all cases, your probate lawyer can help put together a case to contest the distribution of assets. They can also assist with specialized tasks associated with the case, such as the appointment of disinterested witnesses in an heirship determination proceeding.
Call Hardie Alcozer for All Your Probate Needs
Hardie Alcozer specializes in probate law, and our expert team can assist with every aspect of the process.
If you plan to contest a will, we are on hand to provide the legal guidance and expertise you need for a winning case. We take pride in our professional yet personable approach, ensuring you fully understand every step. Meanwhile, if you need to change direction in your approach or ever need a little more time to make a decision, we will give you the space you need but ensure we are there when you need us.
Call our Texas office today for an initial consultation at (512) 374-4922.