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Will Contest Deadline in Texas

In Texas, a suit to contest a will must be filed within 2 years after the will is admitted to probate (or 2 years after discovering forgery or fraud), and a no-contest clause is enforced unless the challenger shows just cause and good faith.

Last checked . General information, not legal advice.

Texas at a glance

Deadline to contest
2 years
For forgery or other fraud, 2 years from discovery. An incapacitated person has 2 years after the disability is removed.
Clock starts
Admission of the will to probate
For forgery or fraud, the date the forgery or fraud was discovered.
No-contest clauses enforced
Yes, unless just cause and good faith
Enforced unless the challenger proves by a preponderance of the evidence that just cause existed and the action was brought and maintained in good faith.

Sources

Last checked

The rules in Texas

How long do you have to contest a will in Texas?

Deadline to contest in Texas: 2 years. For forgery or other fraud, 2 years from discovery. An incapacitated person has 2 years after the disability is removed.

When does the deadline to contest a will start in Texas?

Clock starts in Texas: Admission of the will to probate. For forgery or fraud, the date the forgery or fraud was discovered.

Are no-contest clauses in wills enforceable in Texas?

Yes, unless just cause and good faith. No-contest clauses enforced in Texas: yes, unless just cause and good faith. Enforced unless the challenger proves by a preponderance of the evidence that just cause existed and the action was brought and maintained in good faith.

Where do the Texas will contest deadlines come from?

The rules above come from Tex. Est. Code 256.204 and Tex. Est. Code 254.005. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Deadlines for will contests are often short and strictly applied. Knowing exactly which event starts the clock in the state where the will is probated, such as the date of admission, the date notice was mailed, or the date of publication, matters as much as knowing the length of the period.

Only people with a legal stake in the estate can usually contest a will, such as heirs who would inherit without the will or beneficiaries named in an earlier will. A contest also needs a recognized legal ground. Being disappointed with the amount left to you is generally not enough on its own.

A no-contest clause (also called an in terrorem clause) says a beneficiary who challenges the will loses their gift. Whether such a clause is enforced, and whether there is an exception for challenges brought with probable cause or in good faith, depends on state law. Anyone weighing a challenge, and anyone drafting a will, can check the state statute and may want to talk to a probate attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.