Skip to Content

Facts about probate and will contests in Texas


When a loved one dies, it’s possible for their family members to contest the will. The probate process might help to resolve these disputes.

Why do will contests happen?

The most common reason is that someone believes that the deceased person wasn’t of sound mind when they wrote the will. This could be because the person had dementia or Alzheimer’s disease.

Also, the belief that the will was forged is another common reason for will contests. Family members may think that someone pressured the deceased person into writing the will or changing it.

In some cases, there may be multiple wills and the family members can’t agree on which one is valid.

How does probate help resolve will contests?

First, it can provide evidence that the will is valid. This could be through testimony from witnesses who saw the person sign the will or from experts who can attest to the person’s mental state at the time.

Second, probate can help to settle disputes between family members. The probate judge will hear arguments from both sides and make a ruling. This is usually the final decision in a will contest.

Lastly, probate can help to prevent will contests from happening in the first place. This is because the probate process makes it more difficult for someone to contest a will.

What are the consequences of losing a will contest?

The most common consequence is that the person who loses the will contest in a probate court doesn’t inherit anything from the deceased person’s estate. In some cases, the court may order the person to pay legal fees or other costs associated with the will contest.

If you’re thinking about contesting a will, it’s important to understand the probate process and how it can help resolve disputes. This can help to ensure that your case is resolved fairly and efficiently.