In re Estate of Blevins, 202 S.W.3d 326 (Tex. App.—Tyler 2006, no pet.).
Testator’s will was admitted to probate as muniment of title almost
nine years after Testator’s death. Nine months later, several of the
beneficiaries (Contestants) of Testator’s will filed an application to
set aside the probate. The trial court dismissed the application
agreeing with Proponent that because Contestants were personally served
with citation and did not appear to contest the order, they are barred
by the doctrine of res judicata. Contestants appealed.
The appellate court reversed. The court looked at Probate Code § 93
which provides that a contestant has two years from the date a will is
admitted to probate to contest the validity of the will. Because
Contestants filed the contest well within the two year period (just nine
months), Contestants are entitled to pursue the contest. The court
explained that there is no basis for Proponent’s argument that the two
year period does not apply to interested persons who were personally
served with a copy of the initial application to probate the will.
Moral: A will may be contested within two years of probate even if the
contestant received notice of the original probate proceeding.