Practice Areas
Will Contests
When you suspect a will doesn't reflect the decedent's true wishes, you need an attorney who knows Texas probate law and has the courtroom experience to challenge it. Showalter Colgin & Davis has been handling contested wills in Fort Bend County and Harris County since 1977.
When a Will Does Not Reflect What You Know to Be True.
Contesting a will is a serious legal step that requires experienced representation. Our attorneys help families across Fort Bend County, Greater Houston, and Texas protect the integrity of their loved one's final wishes.
What a Will Contest Is and What You Can Expect
A will contest is a formal legal challenge to the validity of a deceased person's will. You're asking the probate court to reject the document because something was wrong when it was created, signed, or executed. The court may declare the will partially or entirely invalid if you prove your case.
Texas law sets strict standards for what makes a will valid. The testator must have been mentally competent when signing. The document must be properly witnessed. No one can force or manipulate the testator into changing beneficiaries or asset distributions. When those standards aren't met, beneficiaries and heirs have the right to challenge the will in probate court.
Our attorneys work with you to identify the specific legal grounds for your challenge, gather evidence that supports your position, and present a clear case to the judge. We appear regularly in Fort Bend County and Harris County probate courts, representing clients throughout Richmond, Sugar Land, Rosenberg, and the Greater Houston area.
How the Will Contest Process Works in Texas
Challenging a will in Texas follows a specific legal process with strict deadlines. Missing a deadline can eliminate your right to contest, so you need to act quickly once you learn about the will.
1File Your Contest
You must file your challenge in the probate court where the will is being administered. In Fort Bend County, this is typically the county court at law or statutory probate court. Your attorney prepares and files a formal objection stating the legal grounds for your contest and the evidence supporting it. Texas law gives you two years from the date the will is admitted to probate to file, but waiting reduces your chances because assets may already be distributed.
2Discovery and Evidence Gathering
Both sides exchange information through depositions, document requests, and interrogatories. Your attorney subpoenas medical records, financial documents, previous wills, and other evidence. We depose the witnesses who signed the will, the attorney who drafted it, family members, and anyone with knowledge of the testator's mental state and circumstances when the will was executed.
3Expert Witnesses
Will contests often require expert testimony. Medical experts review records and testify about the testator's mental capacity. Handwriting analysts may examine signatures if forgery is alleged. Financial experts can trace transactions that show undue influence or exploitation. Your attorney coordinates with these experts to build a complete picture of what happened.
4Mediation or Settlement Discussions
Courts often require mediation before trial. Many will contests settle during this process because both sides face uncertainty about trial outcomes. Settlement might mean modifying the asset distribution rather than throwing out the entire will. Your attorney advises you on whether a settlement offer is reasonable given the strength of your evidence and the costs of continuing to trial.
5Trial
If you don't settle, the case goes to trial in probate court. Your attorney presents witnesses, documents, and expert testimony to prove your allegations. The other side presents their defense. The judge evaluates all evidence and decides whether to admit the will to probate, reject it entirely, or admit an earlier will instead. Trials can last several days depending on the complexity of the issues and the amount of evidence.
Common Legal Grounds for Contesting a Will
Texas probate law recognizes several grounds for contesting a will. Understanding which applies to your situation determines your legal strategy and what evidence you'll need to gather.
Lack of testamentary capacity is one of the most common challenges. The testator must understand what property they own, who their natural heirs are, and what the will document means when they sign it. Medical records, witness testimony, and expert opinions from healthcare providers can establish that the testator lacked this capacity due to dementia, illness, or medication effects.
Undue influence occurs when someone in a position of power over the testator pressures them to change their will. This often involves caregivers, family members with access to financial accounts, or individuals who isolated the testator from other relatives. You must show that the influencer had opportunity and motive, that the testator was susceptible to manipulation, and that the will reflects the influencer's desires rather than the testator's.
Fraud happens when someone deceives the testator about the contents or effect of the will. This might involve telling the testator they're signing a different document, misrepresenting what assets are being distributed, or lying about a beneficiary's actions to get them removed from the will.
Improper execution means the will wasn't signed according to Texas legal requirements. The testator must sign in the presence of two witnesses who also sign. If this didn't happen, or if witnesses weren't credible or weren't actually present, the will may be invalid.
Forgery and revocation are additional grounds. You might challenge a will if you believe someone forged the testator's signature or if the testator created a newer will that revokes the one being offered for probate.
Why Family Members Challenge Wills
Most will contests arise when something about the estate distribution doesn't make sense. You knew your parent, grandparent, or spouse, and the will in probate doesn't reflect what they told you or what seems fair given family relationships.
Sudden changes near the end of life raise red flags. If your mother always said she'd divide assets equally among her children, but a will drafted two weeks before her death leaves everything to one sibling who was managing her finances, you have reason to question whether that document reflects her true intent.
Isolation from family often accompanies undue influence. When a relative or caregiver limits the testator's contact with other family members, controls who visits, and then benefits substantially from a new will, the circumstances suggest manipulation.
Questionable timing matters. Wills executed when the testator was hospitalized, heavily medicated, or recently diagnosed with cognitive decline deserve scrutiny. Medical records from the period around the will's execution can show whether the testator had the mental capacity to make informed decisions.
Disinheritance without explanation is another common factor. If you had a good relationship with the testator and are suddenly excluded from the will without warning or discussion, especially if someone with recent access to the testator receives your share, you may have grounds to contest.
What Happens If You Win Your Contest
If the court invalidates the will, Texas law determines what happens next. The outcome depends on whether the deceased left an earlier valid will and whether you're an heir under intestacy laws.
When an earlier will exists, the court typically admits that previous document to probate. This is common when you're challenging a recent will change and an older will better reflects the testator's long-term intentions. The estate then distributes according to the earlier document's terms.
If no valid will exists, the estate goes through intestate succession. Texas intestacy laws distribute assets to surviving spouses, children, parents, and other relatives according to a statutory formula. This might achieve a more equitable distribution than the contested will, especially if someone with no family relationship was named as sole beneficiary through undue influence.
Partial invalidity is another possible outcome. The court might strike specific provisions while leaving the rest of the will intact. This happens when undue influence affected only certain bequests or when only part of the will failed to meet execution requirements.
The Cost of Contesting a Will
Will contests require substantial attorney time for investigation, discovery, expert witnesses, and potential trial. Most probate litigation attorneys charge hourly rates. The total cost depends on how much investigation your case requires, whether the other side cooperates with discovery, how many depositions are necessary, and whether you go to trial or settle.
Expert witness fees add to the total. Medical experts, handwriting analysts, and other specialists charge for record review, report preparation, and testimony. These costs are worth it when expert opinions are necessary to prove your case.
Consider what you stand to gain or lose. If you're contesting a will that disinherits you from a substantial estate, the potential recovery justifies the legal expense. If the contested amount is small, fighting over it may cost more than you'd receive even if you win. Your attorney can give you a realistic assessment of likely costs based on the specific facts of your case and the other side's likely response.
Related Estate Disputes We Handle
Will contests often connect to other probate disputes. Our firm handles these related matters as part of comprehensive estate planning and probate representation.
Claims for breach of fiduciary duty arise when executors or trustees mismanage estate assets. An executor who was also named as sole beneficiary through a suspicious will change may be simultaneously defending the will's validity and facing accusations of financial exploitation.
Trust disputes involve similar issues of capacity, undue influence, and fraud, but the legal standards and procedures differ from will contests. We represent beneficiaries challenging trust amendments and trustees defending against removal.
Guardianship proceedings sometimes intersect with will contests. If someone changed their will while under guardianship, questions arise about whether they had capacity to execute a new will and whether the guardian properly supervised their legal affairs.
Why Choose Showalter Colgin & Davis
Since 1977, our firm has been handling contested wills and other probate disputes throughout Fort Bend County and Harris County. We know the local probate courts, the judges who hear these cases, and what evidence persuades them. Our experience covers all aspects of probate litigation, including challenging wills based on lack of capacity, undue influence, fraud, and improper execution.
You'll work directly with experienced attorneys who handle your depositions, court appearances, and trial if necessary. The same attorney you meet in your initial consultation remains your primary contact throughout the process. We work closely with medical experts, forensic accountants, and handwriting analysts who regularly testify in Texas probate courts.
Our Richmond office makes us accessible to clients in Sugar Land, Rosenberg, Katy, throughout the Greater Houston area and across the state of Texas.
Frequently Asked Questions About Will Contests
How long do I have to challenge a will in Texas?
Texas gives you two years from the date the will is admitted to probate. This deadline is strict. After two years, you generally cannot contest the will even if you have good grounds. However, waiting the full two years is risky because assets may already be distributed to beneficiaries, making it harder to recover what you're owed even if you win. You should consult an attorney as soon as you learn about the will and suspect problems with its validity.
Can I contest a will if I'm not named in it?
Yes, if you're an heir who would inherit under Texas intestacy laws if the will didn't exist. This typically includes children, grandchildren, parents, siblings, and spouses. You have standing to challenge the will because you have a financial interest in the outcome. If the will is invalidated and no earlier will exists, you would inherit a share of the estate under intestate succession laws.
What if my parent had dementia but seemed fine sometimes?
Testamentary capacity doesn't require perfect mental health, but the testator must be lucid enough to understand their property, their heirs, and what the will does at the specific moment they sign it. People with dementia can have good days and bad days. Your attorney will review medical records from around the time the will was signed, depose witnesses who interacted with the testator that day, and potentially use expert testimony to show whether the testator had sufficient capacity at the critical moment.
Does contesting a will make me look greedy to other family members?
Family members may have different reactions, but protecting your legal rights isn't greedy. If you genuinely believe the will doesn't reflect what your loved one wanted, or if someone manipulated or deceived them, challenging the will honors their true intentions. Many families later appreciate that someone was willing to stand up when something was clearly wrong, even if the process was uncomfortable.
What if the executor is also the main beneficiary?
This situation is common and legal, but it creates obvious conflicts of interest that courts scrutinize carefully. An executor/beneficiary may have had both the motive and opportunity to influence the testator. Your attorney will investigate when the will was changed, who had access to the testator, whether financial exploitation occurred before the will was executed, and whether the executor properly fulfilled their fiduciary duties to other beneficiaries.
Can we settle a will contest without going to court?
Yes, many will contests settle through negotiation or mediation. Settlement might involve modifying the asset distribution to give you a fair share even if the will remains technically valid. Your attorney can negotiate with the other beneficiaries and their lawyers to reach a resolution that's acceptable to all parties, though you always retain the option to proceed to trial if settlement negotiations fail.
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