When does a minor have to file a will contest?
Posted on | March 30, 2010 | No Comments
Texas has a two year limitations period for contesting wills. If you don’t contest a will within two years, you are barred from contesting it thereafter. As I have written before, this is true even if a forged will is admitted to probate. What happens if a minor wants to contest a will when he reaches his majority?
Section 93 of the Texas Probate Code provides that a minor can contest a will within two years after reaching his legal age which in Texas is 18. The Texas Supreme Court has held that an order admitting a will to probate is voidable until all interested parties reach their legal age and have an opportunity to contest the will.
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