List in writing the supporting facts for your contesting of the executor or the will. If you are alleging that the executor is unfit, include the reasons why, such as questionable mental competency. If you are questioning the mental state of the deceased person at the time the will was written, include items such as a diagnosis of a debilitating mental condition, like Alzheimer's disease. Include any other factors you believe support your case. Highlight the items you have solid evidence of. Review highlighted items to determine if these reasons can be proved in court.
Gather the evidence for all of the highlighted items. Include medical documentation or a signed physician's statement for medical conditions. List any witnesses you have who may be able to support your case.
Visit the court clerk's office that serves the court probating the will. Request the forms for contesting a will if you are challenging the will. Request the forms for a hearing on the executor's capacity to fulfill his duties if you alleging he is unfit. Ask for instructions for the forms.
Fill out the forms in full. Follow all instructions. State clearly your reason for the will contest or challenge of the executor.
Talk to the witnesses on your list. Verify that the information each witness has will help your case. Inform witnesses that they may be required to testify in court.
File the forms in the court clerk's office. Submit copies of your supporting evidence if required to do so under your state's laws. Attend all scheduled hearings and comply with any court requests.