In Texas, probate handles the administration and distribution of a deceased person’s estate according to their will or, if no will exists, according to state law. Probate becomes especially complicated when multiple parties contest a will. Understanding how the process works in these situations is essential for those involved.
What does it mean to contest a will?
Contesting a will happens when one or more parties challenge the validity of the will in court. People contest a will for several reasons. They might argue that the person who made the will (the testator) lacked the mental capacity to understand the consequences of their decisions.
Some may claim that someone improperly influenced or coerced the testator. Others might allege that fraud or forgery played a role. Contesting parties might also assert that the will didn’t follow legal requirements, such as having the necessary witnesses.
How does the probate process unfold?
The process typically begins with the contesting parties filing a formal objection with the probate court. They must do this within two years of the will’s admission to probate and provide evidence to support their claims.
Before the case goes to trial, the court may encourage or require mediation. Mediation can resolve disputes more quickly and cheaply than a trial. If mediation fails, the case proceeds to court. During court hearings, both sides present their evidence. Witnesses testify about the testator’s mental state, the circumstances surrounding the creation of the will, and other relevant factors.
The probate judge evaluates the evidence and makes a ruling. If the judge finds the will valid, the court continues the probate administration process according to the will’s terms. If the judge rules the will invalid, the court may rely on a previous valid will.
If no other will exists, they will distribute the estate according to intestacy laws. If any party disagrees with the judge’s decision, they may appeal the ruling to a higher court. However, this can further extend the probate process and add complexity.
Moving forward
When multiple parties contest a will, the probate process can turn into a lengthy and complicated legal battle. Although the process may be challenging, the court aims to honor the deceased’s wishes as much as possible.