What Happens if Two Different Wills Are Discovered During Texas Probate?

 Posted on October 26, 2026 in Estate Planning

When two wills surface during a Texas probate, the general rule is that the most recent valid will controls. The court must decide whether the later will met legal requirements, whether the person understood what they were signing, and whether it revoked the earlier will. An invalid later will cannot revoke an earlier valid will. Both may apply when the later one changes only certain provisions. If you’re facing probate in 2026, our Denton County estate administration lawyer can explain what the court will examine.

How Can a New Will Revoke an Earlier Will in Texas?

Texas Estates Code § 253.002 governs how a will can be revoked. A later will revokes an earlier one when it says so expressly, or when its terms are so inconsistent with the earlier document that both cannot stand together.

Partial revocation is also possible. A later will might change only certain gifts while leaving the rest of the earlier document intact, in which case both operate together. A codicil can also change part of an existing will. A codicil is a legal document that changes or adds to an existing will without replacing the entire will.

A person can also revoke a will by destroying or canceling it, or directing someone to do so in their presence. A will is not automatically valid just because it was signed later than another will.

What Makes a Will Valid During Texas Probate?

Texas recognizes witnessed wills and handwritten wills, along with certain wills validly executed in other states or countries. A witnessed will must be written and signed by its maker or someone acting at their direction and in their presence. Two credible witnesses aged at least 14 must sign by hand in the maker’s presence. A holographic will is one written entirely in the person’s own handwriting and signed by them. No witnesses are required, although proving the handwriting may take additional evidence.

The person must have understood that they were making a will, the nature and extent of their property, their likely heirs, and how they were distributing their estate. A self-proving affidavit attached to a will simplifies probate considerably. It usually allows the will to be admitted without witness testimony. A later will without one can be harder to prove if witnesses cannot be found.

Why Might Someone Leave Behind Multiple Wills in Texas?

These situations arise from ordinary circumstances more often than from anything suspicious:

• Someone updated their will and the older original was never destroyed.

• A handwritten document was prepared after a formal will without telling the family.

• Copies were stored in different places, including with an attorney or at a bank.

• The person moved to Texas and made a new will without revoking an out-of-state document.

• A second marriage or a falling-out prompted a revision that was never shared.

• A caregiver or family member produced a previously unknown document.

A will signed shortly before death that favors a caregiver or close relative may raise questions about capacity or undue influence. Those facts alone do not prove misconduct.

How Do You Contest One of Two Wills in Texas Probate?

Typically, you must contest a will within two years after it was admitted to probate. Under Texas law, a challenge based on forgery or other fraud may be brought within two years after discovery. Special deadline rules apply to minors and people who are legally unable to act for themselves.

Reasons to contest a will include undue influence, fraud, or forgery. You can also argue that the person did not understand what they were signing, that the signing requirements were not met, or that the will had been revoked. Undue influence requires more than persuasion or a close relationship. The person challenging the will must show that someone pressured its maker into including terms they would not have chosen freely.

Evidence includes medical records, the drafting attorney’s file, witness testimony, and accounts of the person’s condition.

Contact Our Flower Mound, TX Probate Attorney Today

Attorney Stephen Colbert brings experience from the bench as well as from practice. He served as an administrative law judge and as a tribal judge for the Chickasaw Indian Nation. He can review both wills, explain your options, and help you address the dispute.

Contact Colbert Law Group PLLC at 972-724-3338 to talk to our Denton County estate administration lawyer today.