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How can a person contest a will?

April 26, 2017contest person

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How can a person contest a will?

3 Answers

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A person contests a will by filing the relevant documents with the probate court. The person normally must be “interested” that is, must be an heir under the will or at law. There are time limits for contesting a will, and they vary by state. You must have grounds to have a chance of successfully contesting a will. Unhappiness with the proposed distribution of property is not a valid ground. Valid grounds depend on state law. Incapacity, fraud, undue influence and duress are the most common grounds. Return to index . . .

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• A will contest is commenced by an interested person filing objections to the probate of the will with the court. The will contest must be commenced within three years after death or within twelve months after an informal probate of the will, whichever is later.

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A will contest is commenced by an interested person filing objections to the probate of the will with the court. The will contest must be commenced within three years after death or within year after distribution, whichever is later. These time limits do not apply in cases of fraud.