In Texas, contesting a will is a serious legal step that involves specific deadlines under state law. If you’re wondering how long you have to contest a will, the answer depends on the stage of the probate process, but the key statute of limitations is generally two years.

The Primary Deadline: Two Years from Admission to Probate

Under the Texas Estates Code § 256.204, once a will has been admitted to probate (meaning the court has officially accepted and validated it as the decedent’s last will), any interested person has up to two years from that exact date to file a suit contesting the will’s validity.

  • This is a strict deadline in most cases.
  • The clock starts ticking on the date the probate court admits the will – not the date of death, when you first learn about the will, or when probate begins.
  • For example, if the will is admitted to probate on January 25, 2026, you generally have until January 25, 2028, to file your contest.

Missing this two-year window typically means you lose the right to challenge the will, regardless of the strength of your case.

Exceptions to the Two-Year Rule

There are limited exceptions where the deadline may be extended:

  • Fraud or forgery — You may have two years from the date you discover the fraud or forgery (rather than from the probate admission date).
  • Incapacity — If the person contesting the will was incapacitated (e.g., under a legal disability), they may have until the second anniversary of the date their disabilities are removed.

These exceptions are narrow and require strong evidence. Courts interpret them strictly, so don’t assume they apply without professional advice.

Our experienced team at Pyke Balen & Moncure can help review the facts, check the exact probate admission date, and help determine your best path forward.  Contact us today.

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.