Time to Contest a Will

If a potential beneficiary or heir of a will believes the will in not valid, she has the option to contest the will. A will contest must be initiated within a specific period of time from the time the will is admitted to probate.

Probate

• When a person dies, his will must be probated before the assets can be distributed to the heirs. Probate is the legal procedure whereby a court ensures all assets are accounted for and all debts are paid before the remaining assets of the decedent (person that died) are distributed.

Time Frame

• State law will determine how long a potential beneficiary of a will has to contest the will. In most cases, the time frame is rather short (less than 60 days). A will contest may be filed before the will is admitted to probate in some states or within a short period of time after the will has been admitted to probate. Each state has a probate code section to indicate when a will contest must be initiated.

Procedure

• State laws will determine the exact procedure as well as who may file a will contest. In all cases, the court must be formally notified of your intention to contest the will and on what grounds you are contesting the will. A will contest can be complicated and the services of an attorney may be required.