What is a Will Contest and When Can a Will Contest Be Filed?
A will contest is a type of lawsuit that is brought to challenge the validity of a Last Will and Testament and can be filed at one of two points during the probate process. • Before the will is admitted to probate. A pre-probate legal action is called a caveat. In essence filing a caveat puts the public and, more importantly, the probate clerk, on notice that a decedent’s Last Will and Testament cannot be admitted to probate until notice of the filing of the will and the Petition for Probate Administration with the probate court is given to the person who has filed the caveat, called the caveator. If a caveat is filed, then the will cannot be admitted to probate until the caveator has had the opportunity to respond to the Petition for Probate Administration. Also note that in a handful of states, including Alaska, Arkansas, Delaware, North Dakota and Ohio, a person who makes a will or trust can “pre-validate” it while they’re still alive. This, in turn, will prevent the will or trust f
