Contested Wills
Contested Will Lawyer in Killeen, TX
When a will does not reflect what your family member actually wanted, or someone had too much influence over how it was written, Texas law gives you a way to challenge it. The window to act is limited, so the sooner you talk to an attorney the more options stay open.
Not every disagreement is a valid contest
Texas courts will only set aside a will on specific legal grounds: the person did not have the mental capacity to understand what they were signing, someone exerted undue influence over how the will was written, the will was not properly signed or witnessed, or the document was procured through fraud. A general belief that the split feels unfair is not, by itself, a legal basis to contest a will.
You generally have two years after probate to act
As of 2026, Texas generally gives an interested party about two years from the date a will is admitted to probate to file a contest, though the deadline and exceptions can vary depending on the ground raised and whether fraud is involved. Missing this window can end your ability to challenge the will entirely, so do not wait to talk to an attorney once you learn a will has been filed.
Build the record early
Strong contests are built on medical records, financial account activity, communications, and witness accounts near the time the will was signed, not just suspicion after the fact. Prior wills, correspondence with the drafting attorney, and testimony from people who saw your family member around that time can all matter.
Standing to contest a will
Only an interested party can bring a contest: a child, spouse, other heir, beneficiary, creditor, or anyone with a legal claim against the estate. If you are unsure whether you qualify, that is a short first question an attorney can answer before you commit to litigation.
What to bring to the first call
The first call should turn a confusing legal issue into a clearer next step.
- The will and any prior versions
The current will, death certificate information, and any earlier wills or letters that show what your family member wanted before things changed.
- Records around the time of signing
Medical records, financial account activity, and any communications near when the will was signed or changed.
- Names of heirs and witnesses
Close relatives, anyone who disputes the will, and anyone who was present or in contact with your family member around that time.
Why Ted Smith Law Group
After a loved one passes on, a probate lawyer can help administer the estate under the will and Texas law.
- Killeen office
- The firm is located on E. Stan Schlueter Loop in Killeen.
- 1976
- Ted Smith opened his Killeen practice after Fort Hood JAG service.
- 536
- Rated 4.6 stars by 536 clients on Google.Read the reviews
“I used Ted Smith Law group to probate my wife's estate. Ted Smith and Barbie King were absolutely terrific in supporting my Probate case. They far exceeded my support expectations.”
Questions
Contested Wills FAQ
How long do I have to contest a will in Texas?
Generally about two years from the date the will was admitted to probate, though the deadline can shift depending on the ground you are raising and whether fraud is alleged. An attorney can confirm the deadline that applies to your situation once probate has started.
What counts as undue influence?
Undue influence generally means someone used pressure, isolation, or manipulation to override what the person actually wanted, rather than simply persuading them. Sudden late-in-life changes that benefit a caregiver or new relationship can be a sign worth investigating.
Can I contest a will just because I think it is unfair?
No. A contest has to rest on a legal ground such as lack of capacity, undue influence, improper execution, or fraud. Feeling shortchanged is not enough on its own, but it is worth a conversation if something about the circumstances feels off.
Who is allowed to contest a will?
Generally an interested party: a child, spouse, other heir, named beneficiary, or a creditor with a claim against the estate. If you are not sure whether you qualify, an attorney can walk through it with you.
What if probate has already started?
You can still act, but the clock on your deadline to contest is already running once the will is admitted to probate. Reach out as soon as you learn about the filing so there is time to gather evidence and file properly.
Sort out the next probate step
Contact the office to discuss your legal matter and the next step.