How to Protest a Will in Probate in Texas
Whenever someone dies and leaves behind a will in Texas, that will is submitted to probate court, which has the responsibility of ensuring that the will is carried out properly. In cases in which a party wishes to challenge or protest the will, or any part of the will, the laws of the Texas probate code must be followed.
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Instructions
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Establish standing. The Texas probate code requires that anyone who wants to challenge a will must be an interested party. An interested party, or party with an interest in the estate, means anyone who is the decedent's heir, beneficiary, spouse or creditor. This can also include those who would have been beneficiaries had the decedent died without a will.
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Establish cause. To challenge a will, a party must not only be able to prove they have standing, but also that there are reasons to believe the will is in error or faulty. Usually, a Texas will must be written, signed by the testator (the person who made the will) and two witnesses. The testator must have been at least 18 and of sound mind. Challenging a will usually involves challenging one of these required grounds.
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Write the petition (see Resources). The petition must state the county court with which it is filed, the grounds upon which you believe the will is invalid, the name and date of death of the decedent, the petitioner's relationship to the testator and any other facts and evidence relevant to the claim. While there is no template or required form for the petition, it must be signed and sworn by the filing party, usually through verification before a public notary. Contact the county clerk's office and ask them for a petition template or form.
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Deliver the petition to the probate court clerk. You'll probably have to pay a filing fee, which varies depending on the county. Once the petition is filed, the court will schedule a meeting or hearing.
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Tips & Warnings
Wills usually cannot be challenged until they are admitted to probate. To do this in Texas, the will must be presented and proven to the court clerk in the county in which the testator resided. This is usually done by either a "self-proving" will--the testator and witnesses signed affidavits proving the document--or by the person turning in the will signing a proving affidavit. Once the will is admitted and proven, the court will designate an executor or personal administrator.
References
Resources
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