How Long Do I Have To Contest a Will?

Losing a loved one is difficult enough; contesting their will adds another layer of emotional strain. Disputes over a loved one’s will are more common than you might think.

Whether you’re a named beneficiary, a close family member, or a concerned heir, it’s important to understand your legal rights when you believe a will may be invalid. Here’s what you need to know about contesting wills and what it could mean for you and your family. For legal help, reach out to an estate and trust litigation attorney.

What Does Contesting a Will Mean?

Everyone should have an estate plan. This includes a last will and testament, power of attorney, medical directive, and other legal documents that give directions as to your wishes. A valid will must adhere to state laws in its terms and execution. Sometimes, family members discover suspicious changes, outdated documents, or signs of outside pressure and seek to contest the will on those grounds.

To contest a will’s validity, family members can file a challenge in probate court to stop the will from being followed. Only certain people with a financial interest in the estate can contest a will, such as:

• Beneficiaries
• Family members
• Creditors
• Other interested parties
• Legal guardians or representatives on behalf of minors

Time Limits for Contesting a Will

Every state’s probate law includes a statute of limitations, which sets the time limit for contesting a will. Missing the deadline means you lose the right to contest the will. The timeframe can range from three months to two years. When the statute of limitations clock starts running depends on several factors. Some jurisdictions start it:

• On the date of the person’s death
• When the will enters probate
• Upon receipt of the Notice of Administration, letting interested parties know the estate administration has started

There are exceptions to these timeframes. For example, if a more recent will is discovered after the original has been admitted to probate, this can provide grounds to contest the earlier will, potentially extending the filing period. If an interested party is a minor or was incapacitated during the standard limitation period, some states allow for tolling until the individual reaches the age of majority or regains capacity so they can bring legal action.

It’s crucial to contest a will within the statute of limitations. Waiting to file a contest after the deadline will result in the right to challenge the will being lost, regardless of claim merit. Acting swiftly can protect your rights. It can also make it easier to gather evidence, as the longer you wait, the more likely documents and evidence will be lost.

State-by-State Deadlines for Contesting a Will

Below is a list of each state’s time limit to contest a will. However, there are exceptions that may increase the amount of time you have. The upshot? Don’t wait to talk to an estate and trust litigation lawyer. If you miss a deadline or don’t know about an exception in your state, you could be barred from contesting the will. Getting specialized legal advice is essential.

Alabama	6 months	From admission of will to probate	Ala. Code § 43‑8‑199
Alaska	4 months		Alaska Stat. § 13.16.460
Arizona	12 months		Ariz. Rev. Stat. § 14-3802
Arkansas	3 months		Ark. Code § 28‑40‑113
California	120 days	From probate admission	Cal. Prob. Code § 8270(a)
Colorado	6 months	From admission of will to probate	C.R.S. §§ 15‑12‑108 & 15‑12‑803
Connecticut	150 days	From appointment of personal representative (executor)	Conn. Gen. Stat. § 45a‑499qq
Delaware	3 months	From filing of notice of account (exceptions)	12 Del. C. § 2303(c), § 3546 for trusts
Florida	3 months	From service of Notice of Administration (90 days; 20 days if formal notice)	Fla. Stat. § 732.518
Georgia	No fixed limit	Type of probate process and type of contest contingent	O.C.G.A. § 53-5-15
Hawaii	90 days / 12 months / 30 days	Whichever first: 90 days after notice of informal probate, or 12 months from informal admission, or 30 days after formal accounting order	Haw. Rev. Stat. § 560:3‑108
Idaho	No fixed limit	Subject to discovery rule	Idaho Codes & UPC § 15-3-1
Illinois	6 months	From probate admission	755 ILCS 5/8‑1
Indiana	3 months (90 days)	From notice or probate admission	Ind. Code § 29‑1‑7‑16.5 & § 29‑1‑7‑17
Iowa	5 years		Iowa Probate Code §633.331
Kansas	4 months	From creditor notice of death (or 30 days if all creditors known)	Kan. Stat. Ann. §59-2239
Kentucky	2 years	From will probate admission	KRS 394.240
Louisiana	5 years	From succession opened (date will placed in court)	LSA RS 9:5643
Maine	3 years	From decedent’s death to commence testacy proceeding	Me. Rev. Stat. tit.  18‑C § 3‑108
Maryland	6 months	From appointment of personal representative (caveat proceeding)	Md. Cts. & Jud. Proc. Code § 5–207
Massachusetts	1 year	From decedent’s death	Mass. Ann. Laws Ch. 260 § 3-108
Michigan	21 days (formal) / no limit (informal)	Objections before admission; post-admission appeals within 21 days	M.C.L. § 386
Minnesota	1 year / 3 years	Informal probate / from decedent’s death	M.S.A. § 524.3-108
Mississippi	2 years		MS Code § 91-7-23
Missouri	6 months	From probate admission or creditor notice	Mo. Rev. Stat. § 473.083
Montana	12 months informal / 3 years death	Later of 12 months from informal probate or 3 years from death	Mont. Code § 72‑3‑122(1)(c)
Nebraska	3 years / 1 year	Later of 3 years from death or 1 year post-distribution	Neb. Stat. § 30-2408
Nevada	3 months	From probate admission	N.R.S. § 137.005
New Hampshire	6 months	From the date the notice was received	RSA  552:7
New Jersey	4 months in state residents / 6 months out of state residents	From the date the will is probated	N.J.C.R. § 4:85-1
New Mexico	120 days	From probate admission	UPC § 2‑517
New York	120 days	From probate admission	NY EPTL § 3‑2102
North Carolina	4 months	From probate admission notice	N.C.G.S.A. § 31-32
North Dakota	3 years	From will probate admission	N.D.C.C. § 30.1-12
Ohio	3 months	From certificate of notice of probate	Ohio Rev. Code § 2107.76
Oklahoma	3 months	From will admission to probate	Okla. Stat. tit. 58 § 61
Oregon	4 months	From  notice to interested persons delivered / published	ORS § 113.075
Pennsylvania	1 year	From will admission to probate	20 Pa. C.S. § 7754(b)
Rhode Island	20 days appeal / 30 days filing	20 days to file claim of appeal; 30 days to file in Superior Court after decree	R.I. Gen. Laws § 33‑23‑1
South Carolina	8 months / 1 year	From 6 months after probate admission or 8 months from death, whichever is later	S.C. Code § 62‑3‑108 & case law
South Dakota	No fixed limit	Type of probate process and type of contest contingent	S.D.C.L. § 29A-3
Tennessee	2 years	From will admission to probate	Tenn. Code § 32‑4‑108
Texas	2 years	From will admission to probate	Texas Est. Code § 2-256
Utah	3 years	From probate contest in informal process	Utah Code § 75‑3‑107
Vermont	No fixed limit	Type of probate process and type of contest contingent	14 V.S.A. § 101
Virginia	1 year (or 6 month appeal, 2 years if published service)	From will admission to probate, 6 months for appeals, 2 years if service by publication	Va. St. §64.2‑448
Washington	4 months	From probate admission	RCW 11.24.010
Washington, D.C.	6 months	From notice of appointment / publication	D.C. Code §20–305
West Virginia	6 months (1 year for minors / incapacitated / non‑residents)		W. Va. Code §41‑5‑11; extended in §41‑5‑12
Wisconsin	Before probate	Must contest before will is admitted to probate	Wis. Stat. § 856
Wyoming	3 months	From the date of the first publication of the notice	Wyo. Stat. § 2-6-121

Grounds for Contesting a Will

Individuals cannot contest a will simply because they do not like what the deceased person included. They need to have legal grounds such as:

• Improper Execution. If a will doesn’t meet legal requirements, the probate court could rule that the submitted will is invalid.
• Revocation by a Subsequent Will. Generally, you can only have one will in effect at a time. If you make a subsequent will, it will automatically revoke the original will. If multiple versions of the will are submitted to the probate court, the court will review the wills to determine which is the valid will. The most recent validly performed will is generally the one that takes precedence.
• Lack of Testamentary Capacity. The deceased person must have had mental capacity when they drafted and signed their will. The burden is on the person filing the contest to prove incapacity.
• Undue Influence. The court may find that undue influence took place when the testator’s free will is overpowered by someone else.
• Fraud or Forgery. A will created through fraud typically involves tricking the testator into signing a will or approving provisions they don’t intend. A forged will is one that someone other than the testator signs or a will with added provisions the testator doesn’t know about.

The Process of Probate Litigation

The probate process starts with the filing of a will and a petition for probate. The will’s executor or an interested party will file the will with the clerk of court. Generally, the will is filed in the jurisdiction where the person dies.

Formal notice is then required to heirs and beneficiaries. This notice must also be published publicly so that all interested parties have an opportunity to review the will and file their contest of the will.

Once filed, the executor will begin inventorying and appraising the deceased person’s estate. They will submit a report of their findings to the court, which will use this information to determine inheritance distribution and satisfy creditor claims. The executor will need to use the deceased person’s estate to pay outstanding debts, cover expenses, and satisfy taxes before distribution to beneficiaries.

The Formal Process To Contest a Will

A formal will contest is initiated by filing a petition or objection with the probate court. The filing must outline the grounds for contesting the will and identify the contesting parties. It’s advisable to consult with an attorney before filing a contest petition. Probate laws can be complex, and a probate lawyer has experience with what it takes to challenge the validity of a will.

Similar to other litigation, a discovery phase takes place where the parties gather evidence. This could include document requests, depositions, interrogatories, and subpoenas. One party will seek evidence to validate their contest, and the other will gather evidence to defend the validity of the will. Often, medical experts are called to testify on the testamentary capacity of the deceased individual. Forensic handwriting experts can analyze signatures. Psychologists and other specialists may evaluate undue influence claims.

Courts often hold status conferences and hearings to resolve procedural issues and encourage settlement. Many jurisdictions encourage or require mediation to resolve disputes without trial. This relieves the burden on the probate court and saves the party time and money. If no settlement is reached, the will contest proceeds to trial.

The probate court evaluates the evidence and decides on the will’s validity. The burden of proof often requires clear and convincing evidence, especially for allegations such as undue influence or lack of capacity. Parties may appeal adverse decisions. If the will is invalidated, the court may admit a prior valid will or distribute the estate according to intestacy laws.

Legal Consequences of Contesting a Will

Contesting a will should not be a decision made lightly. It can have far-reaching impacts and create delays in resolving the estate. Family members may find their expected inheritance has changed, resulting in receiving less or nothing of what they expected.

No-Contest Clause

Sometimes, a will includes a no-contest or “in terrorem” clause. These are designed to discourage people from challenging it. The will states that they will be disinherited if someone challenges the will.

How successful this clause is will depend on the jurisdiction. Some states enforce these clauses strictly, automatically disinheriting contesting parties, while others apply them only if the contest is frivolous or in bad faith.

Intestate Succession

Probate court may reinstate a previous will if the contested will is invalidated. If there is no previous valid will to revert to, the probate court will use state intestacy laws to distribute the estate’s assets. This can result in a significantly different distribution of assets than what the deceased intended.

Legal Costs

Contesting a will costs money, especially if the parties hire an attorney. Generally, each party is responsible for their own attorney and legal fees.

Some states allow for the successful party to recoup attorney’s fees. This most likely happens when the will contesting is frivolous or done in bad faith.

In some jurisdictions, the estate pays for the defense of the will. This reduces the estate’s value for distribution to the beneficiaries. Some states take steps to reduce the number of frivolous cases in probate court. The court will impose sanctions or reimbursement of costs if it finds a will contest is without merit, the party abused the system, or acted in bad faith.

Emotional Costs

It’s important to not forget why you are in probate court. A will is the wishes of someone who passed away. Emotions are strong as people grieve the loss of a loved one. Contesting a will exacerbates this situation and can make tenuous family situations worse.

In addition, litigation is stressful. A will contest can last months or even years, drawing out the stress and emotional tension. For some, they cannot fully grieve their loved ones because they are unable to move forward.

Find Legal Help

The process of contesting a will allows beneficiaries and family members to raise concerns about a document that may not reflect the decedent’s true intentions. Successful claims rely on proving specific grounds such as undue influence, lack of capacity, or improper execution. Acting quickly is crucial, as the court imposes strict deadlines.

An experienced lawyer can evaluate your case, explain your rights, and guide you through each step of the process with confidence. Use the Super Lawyers directory to find an estate and trust litigator to represent you during estate and trust litigation.