Is It Possible to Contest a Will After Probate?

Contesting a will can be a complex legal process, especially once probate has been opened. Understanding the timeline and strategic considerations involved is crucial for anyone who believes they have grounds to challenge a will. In this article, we’ll explore whether it’s possible to contest a will after probate and what steps you should take if you find yourself in this situation.

Can a Will Be Contested After Probate Has Been Opened?

Yes, a will can absolutely be contested after probate has been opened. In fact, you have 120 days from the date the will was admitted to probate to file a contest. This window provides an opportunity for interested parties to challenge the validity of the will if they believe it does not accurately reflect the deceased’s intentions or if there are grounds for dispute, such as fraud, undue influence, or lack of mental capacity.

Strategic Considerations for Contesting a Will

While you have 120 days to contest a will after probate has been opened, it’s important to carefully consider when to file your contest. The timing of your challenge can significantly impact the outcome and your chances of success.

Before the Will is Admitted to Probate

Before a will is admitted to probate, no one may use the estate’s resources to defend or challenge the will. This means that each party involved must pay for their own legal representation out of pocket. If you believe a will is invalid and want to challenge it, filing a contest before probate can prevent the use of estate funds for legal battles, potentially putting you in a stronger position.

After the Will is Admitted to Probate

Once a will has been admitted to probate, the person in charge of the estate (the executor) is allowed to use estate funds to defend against any challenges. This can put those contesting the will at a disadvantage, as they must pay for their own attorney, while the executor uses the estate’s resources. This disparity can discourage potential challengers who may not have the financial means to sustain a prolonged legal fight.

How Does the Probate Process Work?

Understanding the probate process is essential when considering whether and when to contest a will. Here’s a brief overview of how probate typically works:

Filing a Petition for Probate: Anyone who believes the estate should be opened, either with or without a will, must file a petition for probate. This petition initiates the probate process and requests that the court formally recognize the will and appoint an executor.
Setting a Hearing Date: After the petition for probate is filed, the court sets a hearing date, which is usually 30 to 60 days away. The court then stamps this date on the petition and schedules a hearing to determine whether probate will be opened with the proposed will and executor.
Notifying Interested Parties: The person filing the petition is required to send a notice of hearing to all interested parties. This includes anyone named in the will, as well as relatives who are considered heirs at law. The notice informs these individuals of the hearing date and invites them to attend and voice any objections they may have.
The Probate Hearing: If no objections are raised and no one appears at the hearing to contest the will, the court is likely to admit the will to probate and formally appoint the executor. Once this happens, the 120-day period to contest the will begins.

What to Do If You Want to Contest a Will

If you receive a notice of hearing and believe the will being presented for probate is invalid, it’s crucial to act quickly. Here are the steps you should take:

Consult an Attorney: As soon as you receive the notice, speak with an attorney who specializes in probate and estate law. They can help you understand your rights and the likelihood of success in contesting the will.
Prepare Your Case: Gather any evidence that supports your claim that the will is invalid. This may include documents, witness statements, or anything else that demonstrates the deceased’s true intentions or any potential issues with the will’s creation.
File Your Contest: Work with your attorney to file a formal contest with the court before the probate process moves forward. By acting quickly, you can increase your chances of preventing the will from being admitted to probate or, at the very least, ensure your challenge is heard in a timely manner.

Conclusion

Contesting a will after probate has been opened is possible, but it requires careful planning and strategic timing. By understanding the probate process and the rules surrounding will contests, you can make informed decisions and take the necessary steps to protect your interests and those of the estate. Always consult with a legal professional to guide you through this challenging process.

Can a Will Be Contested After Probate?