How to Handle a Contested Will During Probate

Probate disputes can be a challenging process, especially when family members disagree about the terms of a will. At Baker & Baker, we understand how important it is for families to resolve these matters in a way that respects their loved one’s wishes.

With our experienced attorneys—Brenda Baker, Edwin Baker, and Charles Baker—we strive to guide clients in Corpus Christi, Texas, through our state’s probate law and address issues that may arise when a will is contested. Here’s what to consider if you’re facing a contested will during probate.

Probate in Texas Explained

Probate is the legal process that verifies a will’s validity and administers the deceased’s estate according to their last wishes. Texas probate law has specific rules that help the court determine how assets are distributed. 

When a will is contested, it often means that one or more parties have raised concerns about the legitimacy or interpretation of the will, which can halt the probate process until the issues are resolved. 

For anyone facing a contested will, it’s essential to recognize the possible grounds for a dispute and how the probate process functions. Moving forward, let’s take a closer look at common reasons for will contests.

Common Grounds for Contesting a Will

There are several reasons why a will might be contested. A party challenging a will often believes there was an issue with the drafting or signing of the will, or they may feel it doesn’t reflect the decedent's true intentions. Some common grounds for challenging a will include:

• Lack of capacity: To create a valid will in Texas, a person must have the mental capacity to understand their actions. If they were unable to comprehend what they were doing when the will was signed, it may be contested.

• Undue influence: A claim of undue influence suggests that the deceased was manipulated or pressured by another person to draft the will in a specific way that might unfairly benefit that individual.

• Improper execution: Texas law requires certain formalities when signing a will. If the document wasn’t properly witnessed, signed, or notarized, it may be invalidated.

• Fraud or forgery: If the will was signed based on false information or forged entirely, a court may declare it void.

• Ambiguity in the will: When the language of a will is vague or unclear, beneficiaries may have conflicting interpretations, leading to disputes about the document’s intent.

Each of these grounds can lead to a legal challenge that can halt the probate process. Understanding why a will might be contested is an important step toward knowing what actions to take next. Let’s discuss how the probate court handles such disputes.

The Probate Court in Contested Wills

In Texas, probate courts play a central role in handling contested wills. When a dispute arises, the court’s responsibility is to evaluate the claims and determine if the will is valid. This evaluation may include reviewing evidence, listening to witnesses, and examining the legal formalities followed when the will was created.

The court may also assign a mediator to encourage a resolution outside of court. Mediation provides an alternative path to resolve the disagreement, which can save time and reduce emotional strain on the family. If mediation fails, the case goes back to the probate court, where a judge will rule on the dispute.

If you’re involved in a contested will, understanding the court’s process can help you prepare for each stage of the probate. Now, let’s explore the steps to take if you find yourself involved in such a dispute.

Steps to Take When Contesting a Will

Contesting a will is a serious decision that requires a clear understanding of Texas probate law and substantial evidence. If you suspect that a will doesn’t reflect your loved one’s true intentions, these steps may be helpful:

1. Consult a probate attorney: Speak with an attorney familiar with Texas probate law to understand your options and the likelihood of success. An attorney can also help gather and present evidence to support your case.

2. Gather evidence: If you believe the will was the result of undue influence or lack of capacity, gather documentation, witness statements, and any other relevant evidence that may support your claim.

3. Request a will contest hearing: File a formal request for a hearing if you decide to challenge the will. This hearing will be where you present your case, and other parties may present opposing evidence.

4. Consider mediation: Mediation can sometimes help families resolve issues more amicably. It allows each party to present their concerns and explore a potential compromise without going to trial.

5. Prepare for trial if needed: If mediation doesn’t lead to a solution, you may need to prepare for a trial where the probate judge will make the final decision.

Taking these steps can help guide you through a contested probate process. However, each situation is unique, and the needs of each family can vary. As we continue, we’ll explore what to do to keep a contested probate case on track.

Keeping a Contested Probate Case on Track

The probate process can become lengthy and costly when a will is contested. Taking proactive steps to manage the process can help streamline the resolution and protect family relationships. Some strategies that can help keep a contested case on track include:

• Maintain open communication: Keep family members informed about each step of the process to avoid miscommunications that can lead to further disputes.

• Follow the court’s instructions: Missing deadlines or required filings can delay your case and may lead to additional court costs. Keeping track of all required documents and staying organized throughout the process can help avoid setbacks.

• Document everything: Every conversation, decision, and document related to the case should be carefully recorded. This documentation can be crucial if the case goes to trial.

• Consider alternative dispute resolution: Mediation or arbitration may help resolve disagreements without a court trial, which can reduce the financial and emotional impact on everyone involved.

By following these strategies, you can keep the probate process moving forward while addressing family concerns. This approach can make a difficult situation more manageable. As we wrap up, let’s answer some frequently asked questions about contested wills.

Frequently Asked Questions About Contested Wills

Each probate case has unique circumstances, so specific questions should always be directed to a probate attorney. However, there are a few common ones that we see often. Some of these questions people have when facing a contested will include:

• What’s the time limit to contest a will in Texas?
  Generally, in Texas, you have two years from the date the will was admitted to probate to file a contest. Certain exceptions may apply, so consult with a probate attorney for guidance.

• Can anyone contest a will?
  No, only interested parties can contest a will. This usually includes beneficiaries, heirs, and anyone who might inherit from the estate if there were no will.

• What evidence is needed to prove undue influence?
  Proving undue influence often requires testimony, documents, or evidence that suggests the deceased was manipulated. The court looks for signs of coercion, such as changes in the will that seem out of character.

• Will contesting a will delay probate?
  Yes, contesting a will generally pauses the probate process. The court will need to resolve the dispute before the probate can proceed.

• Is it possible to settle a contested will outside of court?
  Yes, probate disputes can sometimes be settled through mediation, which can avoid a lengthy court trial.

Moving Forward With a Contested Will

Contesting a will can be taxing, especially when family members are involved. We aim to help our clients approach these cases with the respect and care they need. If you need to contest a will, reach out to us at Baker & Baker, where we strive to offer guidance through each step of the probate process.