FAQs About Probate

Who Can Contest a Will In Texas?

by Rania Combs

According to Section 55.001 of the Texas Estates Code, any person interested in an estate can contest a will.

The Estates Code defines an “interested” person as:

  1. Heirs, devisees, spouses, creditors, or any others having a property right in, or claim against, the estate being administered; and
  2. Anyone interested in the welfare of an incapacitated person, including a minor.

Case law has held that a contesting party’s interest must be pecuniary, meaning that the party must have a financial interest that will be affected by the probate or defeat of the will. It is the burden of the person contesting the will to prove that he is an interested person.

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