How Long Do I Have to Contest a Will?
Section 256.205 of the Texas Estates Code provides that “After a will has been admitted to probate, any interested person may commence a suit to contest the validity thereof not later than the second anniversary of the date the will was admitted to probate…”
There are two exceptions to the general rule:
- If the contest is based on forgery or fraud, the Will can be contested for up to two years after the forgery or fraud is discovered.
- If the person contesting the will was incapacitated by law, such as if he or she was a minor at the time the will was admitted to probate, then the incapacitated person has two years after the removal of that incapacity within which to file a contest.
If neither of these two exceptions exist, and more than two years have passed since the will was admitted to probate, then a suit to contest the validity of the will is barred.