What Is the Statute of Limitations on Will Contests?

By Marie Murdock

As a child, relative or heir of a deceased person, you may be concerned that the will of the decedent was fraudulently executed. The signature may appear wrong, the decedent may have been suffering from dementia at the time of the signing of the will, or the will may have left a substantial sum to a paid caregiver such that you feel the will was signed under duress or intimidation. Under these circumstances, you may question the validity of the will in court by filing a will contest action. The time limit to file a will contest varies from state to state.

Alabama

In Alabama, if you are an heir or devisee who would have a valid interest in the estate of a deceased, you may file a will contest action in probate court any time after the will has been presented to the probate judge for filing but prior to the judge signing the order admitting it to probate. Once the will has been admitted to probate by order entered by the judge, you will generally only have six months in which to contest the will. The six-month time period may be extended to twelve months from the date of the appointment of a guardian-ad-litem for minors or mentally incapacitated persons who were not originally represented in the probate or from the date of the removal of their incapacity or disability.

Texas

In Texas, you may only contest a will for up to two years after it is admitted to probate. If fraud can be proven, however, the time frame changes to two years after discovery of the fraudulent act. Also, a minor or incapacitated person will have two years after they either reach the age of majority or regain capacity in which to contest a will in Texas.

Protect your loved ones. Start My Estate Plan

Michigan

In Michigan, there is no time limit to contest a will provided it was admitted through an informal probate proceeding. Most wills are admitted through the informal probate process, provided complex matters don’t require a formal probate. In a formal probate proceeding, however, you are required to contest the will within 21 days from its admission.

Other States

Washington has a very strict statute of limitations requiring that you contest the will within four months after its being admitted to probate. The courts will not extend this time frame even if fraud can be proven. In Florida, you only have 90 days from the date of receipt of the notice of administration after admission of the will to contest. If, however, a will has not yet been admitted to probate and a formal notice of administration is received, the time period is shortened to 20 days. Consult with an estate attorney in the state where the probate is taking place to ensure that your will contest action is filed timely.

Protect your loved ones. Start My Estate Plan
Laws Pertaining to Contesting a Will in Arizona

References

Resources

Related articles

How Long Do I Have to Contest a Will in Texas?

Texas has six deadlines for contesting a will depending on the circumstances of the case, but things can be complicated by the fact that next of kin or the executor have four years from the testator’s date of death to submit his will for probate. Texas law requires that only named beneficiaries be given notice that a will is in probate. Heirs who are not mentioned in the will do not have to be notified and may not even know that the process has begun.

How Do I Get Legal Guardianship in Missouri?

A legal guardian undertakes responsibility for the welfare of someone, known as a ward, who is unable to undertake these responsibilities on his own behalf. A ward may be either a minor whose parents cannot or will not care for him, or an adult suffering from an incapacity that prevents him from meeting his own needs. A guardian can be appointed only by court order. Missouri's guardianship laws are found in Chapter 475 of the Missouri Revised Statutes.

Probate Laws in Missouri

When someone dies in Missouri or dies owning property in Missouri, Missouri’s probate laws outline the procedures for processing the decedent’s estate, including determining whether the decedent’s will is valid, how to prove its validity in court, and who receives a decedent's property if he died without a valid will. These probate laws are located in Missouri Revised Statues, Chapter 474, formally known as the Missouri Probate Code.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Statute of Limitations for Opening Administration of Estate in Texas

Probate is the process by which a decedent's estate is distributed to his heirs and beneficiaries. Each state sets its ...

How to Contest a Will or Power of Attorney in the State of Minnesota

If you believe a Minnesota will or power of attorney should be declared legally invalid, you must have legal standing ...

The Florida Rules for Setting Aside a Divorce Fraudulently Obtained

Whether one spouse lies about the date of a hearing or the paternity of a child, Florida courts may allow the other ...

AZ Statute of Limitations for Contesting a Will

Arizona offers three types of probate proceedings: informal, formal and supervised. Supervised probate is rare and ...

Browse by category
Ready to Begin? GET STARTED