Important: This article provides general educational information about challenging a will. It is not legal advice. Grounds, procedures, standing, and deadlines vary by state.
How to Contest a Will
Contesting a will means asking a court to determine whether a will, or part of it, should be denied probate or otherwise treated as invalid under applicable law. A person generally needs a legally recognized basis to challenge the document.
Common Grounds for Contesting a Will
Lack of Testamentary Capacity
A challenge may allege that the person who made the will did not have the legal capacity required by state law when the will was executed.
Undue Influence
A contest may allege that another person improperly influenced the testator so that the will did not reflect the testator’s voluntary intentions. The legal standards and evidence required vary by jurisdiction.
Fraud or Forgery
A challenge may involve allegations that the document or signature was fraudulent or forged.
Improper Execution
A will may be challenged if required signing, witnessing, or other formalities were not satisfied.
Revocation or a Later Will
A prior will may be affected if a later valid will or other revocation method exists. The applicable rules depend on state law and the documents involved.
Who Can Contest a Will?
Not everyone has standing to challenge a will. Eligibility commonly depends on the person’s legal interest in the estate and the applicable state rules. Potential challengers may include certain beneficiaries or heirs, but the exact requirements vary.
Will Contest Deadlines
Deadlines are especially important. States can impose short periods for filing an objection after probate proceedings begin or after required notice is received. Missing a deadline can affect the ability to bring a challenge.
Check the Applicable Probate Court
Identify the court handling the estate and review its current rules and filing requirements. Court websites and state statutes can help identify the applicable procedure, but a deadline should be confirmed for the specific case.
What Evidence May Matter?
- The original will and earlier versions.
- Witness statements and execution records.
- Medical or other records relevant to capacity, where legally obtainable.
- Documents concerning relationships or financial circumstances.
- Evidence relating to alleged influence, fraud, or forgery.
What Happens After a Will Is Challenged?
The court may require filings, notice to interested parties, evidence, hearings, mediation, or other procedures. Some disputes resolve through settlement, while others proceed to a court decision.
Costs of Contesting a Will
Costs vary significantly based on the jurisdiction, complexity of the dispute, amount at stake, evidence required, and whether the case proceeds to a hearing or trial. Potential expenses can include filing fees and attorney fees.
Frequently Asked Questions
Can I contest a will after probate?
Possibly, but the answer depends on the state’s procedures and applicable deadline. Some challenges must be raised within a specific period.
Can I contest a will because I received less than expected?
Receiving less than expected does not by itself establish a legal basis to invalidate a will. A recognized ground and supporting evidence are generally required.
Should I speak with a lawyer?
Because deadlines and standing rules vary by state, professional legal advice can be important when considering a will contest.
Related Guides
- Is a Handwritten (Holographic) Will Valid?
- How to Update or Change Your Will
- What Happens If You Die Without a Will?
Sources
Verify the current rules using applicable state statutes and the official probate court handling the estate. The American Bar Association’s probate resource provides general information about probate and estate administration.
Verify the current rules using the applicable state statutes and the official probate court handling the estate.
Last reviewed: October 2, 2026
Next review due: October 2, 2027
Legal disclaimer: This content is for general information only and is not legal advice. Laws and deadlines vary by state and change.