In Texas, a Will Contest requires an interested person brings a lawsuit. They are typically beneficiaries of a prior Will; Or those who would inherit in the absence of a Will.
Contesting (Challenging) a will involves filing a lawsuit (petition) with the probate court or county court in smaller counties. Typically, the will contest must be filed within two years of purported Will being offered and admitted to the court. (not date of death)
After a period that can take years in some cases in which the parties marshal and gather their evidence as explained herein, the probate court holds a jury trial to make a decision on the claims in the lawsuit. Prior to that, the Judge will typically have or require:
Hearing for arguments on a summary judgment as to rule of law
Hearing for arguments on a summary judgment as to whether there is Evidence as to claims
Most courts require the parties to go to mediation (dispute resolution with a third party)
Most lawsuits will involve subpoena of records and depositions of parties and witnesses of the case.
Proving claims of Fraud, Lack of Capacity, or Undue influence requires introducing evidence and testimony at the Trial. Evidence in Will Contests may include much of the following:
Medical Records & Prescription Records & Financial records.
Evidence and other relevant written documents such as estate planning documents; social media; emails; phone records; pictures; audio recordings, etc.;
Testimony of doctors and other health professionals;
Testimony of people present at execution of the will, including witnesses who signed the Will and a notary. This may include the drafting attorney and his staff;
Testimony of close family members and close friends of the decedent and even perhaps neighbors and/or business colleagues;
Testimony of caregivers and other domestic help;
Testimony of hired Experts by the respective parties;
Testimony of professionals (lawyers and financial advisors) who assisted the decedent
The evidence includes showing the decedent’s state of mind at (execution) signing of the alleged purported Will, as well as relevant circumstances prior to and following execution of the will.