abbey said:
Texas. Can a will be contested after probate? If so, is there a statute of limitations and what is it?
http://www.premack.com/columns/2003/2003-08-05.htm
Section 93 of the Texas Probate Code says: "After a will has been admitted to probate, any interested person may institute suit in the proper court to contest the validity thereof, within two years after such will shall have been admitted to probate, and not afterward…"
So the straightforward answer to your question is "two years." But there are two exceptions to the two-year limitation law.
First, the two years can be extended if the contest is based upon forgery or fraud. In that case, those who desire to challenge the Will can file the contest up to two years after discovering the forgery or fraud. For example, a Will was admitted to probate in 1999. In August 2003 one of the heirs admits to forging the signature. An interested person would not be barred from challenging the forgery until August 2005 (that is, two years after discovering the forgery).
Second, the two years can be extended for an incapacitated person who recovers capacity. An easy example: a Will was admitted to probate in 1999. Little Tommy, age 14, is one of the heirs. As a minor, he is considered to be incapacitated. When he turns 18, he has two years in which to bring any contest to the Will before the statute of limitations runs for him.
