In Texas there is a period of time where you can contest a will. If the will is contested prior to the will being admitted to probate, then the burden of proof is on the person who asked the will to be admitted to prove that the will is valid. If the will is contested or objected to after the will is admitted, then it is the burden of proof of the person who is contesting or objecting to the will to determine whether or not the testator was able to make the will.
By
Keith Morris & Stacy Kelly, Attorneys at Law
