Key Takeaways
- Texas Estates Code Section 256.204 states that individuals have two years from the date a will is admitted to probate to contest the validity of the will.
- To contest a will under this section, you must gather evidence, petition the probate court, and provide notice of the contest to all interested parties in the will or estate, all within two years of the submission of the will into probate.
- Surrounding sections in the Texas Estates Code Chapter 256 clarify the requirements for probating a will generally, including the requirement to submit the will within four years of the testator’s death.
- Legal assistance is beneficial for ensuring that you follow the necessary procedures for accurately and effectively probating a will.
Introduction
Texas Estates Code Section 256.204 states that an individual who wishes to contest a will only has two years to do so, with some limited exceptions. Essentially, this section sets an important statute of limitations in probate litigation related to the validity of a will.
Understanding this statute and its implications is crucial for ensuring that you follow the necessary procedures for contesting a will within the deadlines set by Texas law. This article defines Texas Estates Code Section 256, explains the context surrounding this section, and provides additional information for what you should consider if you are planning to contest a will.
What Is Texas Estates Code Section 256.204?
Texas Estates Code Section 256.204 is a law that states that a party who wishes to contest a will must do so prior to the second anniversary of the date on which a will was submitted into probate. In other words, you must contest a will within two years after the probate court orders that the will is valid. This statute applies in any case where a will has been entered into probate and an interested party is seeking to contest the will.
However, there are several key exceptions to this rule:
- Forgery or Fraud – If you want to file a lawsuit to contest for forgery or fraud in a will, you may have two years from the date the forgery or fraud was discovered, regardless of when the will was admitted to probate.
- Incapacitated Individuals – If an interested party is either a minor or is legally incapacitated at the time when the will is submitted to probate, they may have two-years to file a contest from the time they either turn 18 or regain their legal capacity.
- Parties to Initial Case – Parties who actually appear in the legal proceeding to probate a will must appeal the court’s order probating will within 30 days. In other words, the two-year statute of limitations applies only to persons who were not present during the original probate proceeding.
This section is a part of Chapter 256, which defines requirements for the probate of wills generally. The broader chapter clarifies important considerations, including the deadline of four years for a will to be submitted into probate after a testator’s death, the information necessary in the application for the probate of a will, and the proof required to probate a will.
When Must an Contestant Provide Written Notice Under Section 256.204?
An individual contesting a will must always provide public notice called a citation by posting, which is available for anyone in the world to see. The default rules in Texas, however, do not require that a will contest personally serve any specific persons. Instead, the judge has discretion to make custom rulings as to which parties should receive written notice of the will contest. While there is no set class of persons to specifically serve or deadline for when you must serve them, it is usually best to contact the court, often through a formal status conference, to demonstrate that you are attempting to fulfill the court’s service preferences diligently and expediently.
In practice, judges often require that the party contesting the will provide notice to the following parties:
- Beneficiaries of contested will
- Beneficiaries of new will offered for probate, if any
- Legal heirs
- Executors
- Creditors (occasionally)
Providing adequate notice ensures that all parties are given the opportunity to review the will, the grounds for the contest, and seek their own legal support if they decide to do so. Doing your due diligence of providing notice of your will contest according to the court’s preferences prevents the risk of delays or your dispute being dismissed on the grounds that not all parties were properly informed.
Why Section 256.204 Matters in Will Probate and Disputes
This section of the Texas Estates Code matters as it identifies the primary statute of limitations for contesting a will after it has been admitted to probate. This statute is important for providing a clear window for parties to contest a will, ensuring they do so within a reasonable time frame. If an interested party attempts to contest a will after the timeframe set forth in this statute, except in cases of fraud or forgery, their claim will be considered time-barred and they will lose their opportunity to contest.
By establishing a set deadline for a contest, this statute accomplishes the following:
- Preventing frivolous contests from taking place after a set time frame.
- Avoiding drawn-out legal matters so that estate administration can continue and probate can reach a conclusion.
- Allowing peace of mind to beneficiaries and third parties that their inheritance or property will not be tied up in a future legal contest.
Ultimately, this statute impacts probate proceedings by ensuring they can continue within a reasonable timeframe and provide a sense of finality to the administration of an estate.
How Section 256.204 Affects Will Contests
Section 256.204 has important implications for will contests, as it sets a firm limit on how long individuals have to be able to contest a will, ensuring all aspects of a case are addressed prior to the two-year window expiring. If the contest is not brought before the two-year statute of limitations, aside from cases of fraud or forgery, then parties lose their right to contest. This statute ensures that interested parties not only bring their contests before but take the necessary steps to gather evidence, file their petition, and notify interested parties.
This statute puts a burden on the parties contesting a will to build their case and ensure they have a valid and substantiated claim quickly so that they can meet the required window. With the limited time frame, it requires parties to seek a lawyer, assess their grounds to contest, and begin gathering evidence for their claim as soon as possible.
Can a Will Be Contested After Probate Has Been Granted?
Yes, a will can generally be contested up to two years after it has been admitted to probate.
There is also a statute of limitations for when a will must be submitted for probate. Texas Estates Code Section 256.003 says that a will must be submitted within four years of the testator’s death. However, if the applicant for probate can prove that they were not “in default” in failing to initiate probate on time, the will can still be probated.
A recent Texas Supreme Court case, Ferreira v. Butler, shed additional light on the meaning of this exception. In this case, a husband and his first wife divorced, and he then married a second wife. The second wife died before the husband, leaving everything to him, but he never submitted the will to probate.
Nine years later, the husband died, with his will leaving the majority of his estate to the first wife. As executor of the husband’s estate, the first wife attempted to probate the second wife’s will.
Over the objection of the second wife’s descendants, the Texas Supreme Court concluded that the first wife was permitted to probate the second wife’s will as a beneficiary of the husband’s estate. The court also found that because she was not personally responsible for the late submission of the will to probate, the four-year statute of limitations did not apply.
Can a Will Be Contested Before Probate Has Been Granted?
Yes, a will can be contested any time after it has been filed with the probate court but before the probate court orders that the will is valid. It is usually a better idea to contest a will before it is admitted to probate. If the will contest is filed before the court orders that the will is valid, the applicant for probate bears the legal burden to prove the validity of the will. Conversely, if the will contest is filed after the court orders that the will is valid, the contestant bears the legal burden to prove the invalidity of the will.
There is another important practical reason to contest a will before it is admitted to probate. If a party waits until after the will is admitted to probate, the executor may use estate funds to pay creditors and distribute the estate to the beneficiaries. In that case, it will be much more difficult to recover the estate. In estates with substantial liquid assets, it may be impossible to recover those assets after they are distributed to beneficiaries. In other words, if you wait to long to contest a will, you may find that the remaining estate is not worth fighting over.
If you discover that a suspicious will has been filed for probate, you should call a probate litigation attorney immediately.
Practical Examples of When Section 256.204 Applies
Section 256.204 applies whenever an individual is interested in contesting a will that has been submitted to probate. Consider the hypothetical examples below.
Late Will Contest
A will was submitted into probate within a year after the testator’s death. The testator’s grandson David, a beneficiary, received a copy of the will when the probate process first began, but they failed to review the document closely and notice the set distribution amounts.
Two years and several months after the will was admitted to probate, David reviewed the will, as the probate process was close to completion, noticing that the inheritance he was set to receive was far lower than initially anticipated. Upon doing so, he saw that the will reflected a different distribution than he had previously discussed with his grandmother. Instead, his uncle, the grandmother’s caregiver, had a disproportionately higher share of an expected distribution.
Prior to his grandmother’s death, David had suspicions about the nature of their grandmother’s relationship with his uncle, who seemed to keep her isolated and make a number of financial decisions for her. Now seeing the change to the inheritance distribution, he believed that his uncle may have unduly influenced her to change her will for his own personal benefit.
In consultation with a probate litigation attorney, David discussed his legal options for contesting the will. Unfortunately, the discovery of undue influence was not considered an exception to the two-year statute of limitations, as this type of undue influence was generally not considered an act of fraud. Because he had waited to review the will and failed to notice the discrepancy, the probate case had already continued and he had lost his two-year window to contest the validity of the document under Texas Estates Code Section 256.204.
Case of Forgery
A beneficiary, Jessica, receives a copy of her father’s will during probate and realizes that she will not receive the same inheritance they expected based on conversations with their father before his death and previous estate plans. The executor posted notice of the beginning of probate at the local courthouse, but did not send Jessica a copy of the will until two months after it was probated .
Upon reviewing the will one year and nine months into probate, Jessica noticed a discrepancy between the document and a previous iteration of the will. The will had redirected a significant percentage of funds away from the testator’s children and to their aunt, their father’s sister and the executor’s wife.
Believing that the executor forged the document when submitting it for probate, Jessica sought to pursue a contest to the will’s validity. She consulted an attorney and began to gather evidence of forgery by requesting a copy of the previous estate plan iteration. Under Section 256.204, she would only have three months to initiate her lawsuit.
They will need to find a lawyer, gather substantial evidence of the forgery, submit a petition to contest the will, and provide notice to beneficiaries all within three months to meet the two-year limit. However, because the case involved forgery, this serves as an exception to the rule, and instead the two-year clock began on the date which the forgery was discovered, providing an additional two months to build a substantial case and move forward confidently with her claim.
How to Comply With Texas Estates Code Section 256.204
To comply with Texas Estates Code Section 256.204, you will need to ensure that you complete all necessary steps in gathering evidence, filing a petition, and providing notice to interested parties as determined by the court. It’s important to note that filing a lawsuit with the county probate court clerk is not enough to satisfy the statute of limitations; you will need to follow all the necessary steps in order to address the timeline.
Follow these steps in the process:
- Consult a Lawyer – A lawyer is the best resource for understanding your legal options and ensuring you understand next steps for a will contest, so you should discuss your case with a legal expert as soon as possible.
- Gather Evidence – If you believe a will should be invalidated, you should gather evidence of any wrongdoing to substantiate your claim and include it in your petition.
- File the Will Contest – Your lawyer will investigate, prepare, and file a will contest based on the information you provide.
- Provide Notice – You must post public notice to all interested parties in the estate. You should also confer with the judge regarding the court’s preferences for serving specific individuals with notice.
- Retain Documentation – Keep copies of any documentation you gather for your petition, such as evidence, testimony, and previous estate planning documents.
- Ensure Compliance – Consult your attorney to verify that you have followed all the necessary steps for substantiating your lawsuit and maintaining compliance with the requirements for filing a petition to contest the will.
The above steps are key to ensuring you meet the two-year deadline for contesting a will. An attorney will help you navigate these steps confidently to develop an airtight legal strategy.
When to Speak With a Texas Probate Attorney
You should speak with a Texas Probate Attorney as soon as you develop concerns regarding a will’s validity. Ideally, the best time to discuss concerns with a probate attorney is prior to the will being admitted to probate by order of the probate judge. However, if this date has already passed, then you should contact an attorney immediately upon discovering a concern with the will, such as fraud or signs of undue influence.
Professional guidance is essential to a successful will contest, allowing you to assess whether you have grounds to challenge a will and take the necessary steps to do so if you do. An attorney will help you ensure you follow the requirements for conducting a valid and successful will contest within the set statute of limitations under Texas state law, including fulfilling the necessary legal documentation and notice requirements within two years.
An attorney is positioned to discuss your situation and provide guidance for next steps depending on the unique circumstances of your case, while helping you navigate any unique nuances within the law. It’s never too soon to speak to an attorney, if you have concerns about a will or its validity, you should consult a skilled probate litigation attorney right away.
Navigate Probate Matters in Texas With RMO
Texas Estates Code Section 256.204 governs the statute of limitations for individuals interested in contesting a will. If you are contesting a will, you should consult an attorney to ensure that you have grounds to contest the will, understand the statute and its limitations, and follow the steps necessary to submit a successful will contest.
If you have concerns about the validity of a will and are interested in raising a will contest, the probate litigation attorneys at RMO may be able to help. With decades of experience supporting families in Texas with their probate matters, we have a deep understanding of will contests, their requirements, and how to proceed. Our attorneys will take the time to hear your concerns and understand the family dynamics involved in your case to secure access to your rightful inheritance.
Schedule a consultation with the attorneys at RMO to discuss how to move forward.
Frequently Asked Questions
Texas Estates Code Section 256.204 requires that individuals who are interested in contesting a will after the document has already been submitted to probate raise their contest before the second anniversary of the date in which the document was admitted to probate. Parties contesting a will must build their case, file their petition, and provide notice to beneficiaries in order to maintain their right to contest. Surrounding aspects of Chapter 256 define the necessities for probating a will generally, outlining who should be notified and what a petition to open probate should include.
The general public receives written notice of a Texas probate case by public posting. The judge of your particular case decides the specific persons who must receive specific written notice and the method they receive that notice. After a contest is filed, Judges often wish that one or more of the following classes of persons receive specific service of the will contest:
Beneficiaries
Legal Heirs
Executors
Secured Creditors
Unsecured Creditors
If someone doesn’t receive proper notice of a will contest under the judge’s preferences, the court will not consider the matter and may set the case aside until adequate notice has been provided, which may ultimately delay probate and asset distribution until the matter is resolved. An individual petitioning the court to contest a will should send written notice to all parties specified by the court as soon as possible after filing their petition.
Section 256.204 applies to any Texas will probate case where an interested party seeks to contest the validity of the will document after it has been submitted to probate. The section sets the statute of limitations for contesting a will at two years after the date on which the will was filed for probate.
Statute 256.204 has important implications for will contests, as it limits the timeframe that individuals have to initiate a will contest to within two years of the date a will is admitted into probate. The statute encourages contesting parties to act quickly to consult an attorney, gather evidence of the potential misconduct, and petition the court to initiate a will contest.
Glossary
Probate Application – A legal document filed to start the probate process, requesting the court to admit a will (if any) and appoint an executor or administrator to oversee the estate.
Petition for Will Contest – A legal document that challenges the validity of a will. The petition can be filed after the will has been offered for probate but before it has been admitted to probate. Alternatively, it can be filed up to two years after the will has been admitted to probate.
Testator – A person who has created a will to describe how to distribute their assets.
Will Contest – A will contest is a type of lawsuit that challenges the validity of a will that has been admitted to probate.