The Time Limit for Contesting a Will

By April Kohl

Wills are powerful legal documents in which the estate of a deceased person is divided between his beneficiaries. Because the deceased is no longer around to distribute the assets himself, his wishes are carried out by an executor. In order to ensure as smooth a process as possible, the states provide a time limit for contesting the will, and generally does not consider challenges outside of this period.

State Decision

The exact amount of time allowed to contest a will varies from state to state, so consulting an attorney for your state is a good idea. In Texas, an interested party has four years in which to contest a will, while in Georgia the time ranges from zero to two years depending on the form of probate applied for by the executor of the will.

Exceptions

In addition to a time limit for contesting a will, the states recognize exceptions to the standard rules. Where a person can provide evidence that a will has been forged or produced due to fraud, it may be possible to submit a petition to contest the will even if the statute of limitations would usually prevent the contest. An attorney will be able to advise on whether such a contest is possible.

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Starting Time

Wills do not come into effect until a petition to enter probate has been submitted to the probate court responsible for the area in which the deceased lived. As a result, the time limit begins to count down from the day probate begins, rather than the date the will was written or the date on which the testator died.

Considerations

Contesting a will can be a daunting process requiring court appearances and the examination of evidence to determine the validity of the contest, so it's best to consult an attorney specializing in wills and probate before contesting a will. The lawyer will be able to determine whether the contest is within time or whether it fits one of the state's exceptions to the statute of limitations, as well as the likelihood of success if a contest is made.

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Procedure for Contesting a Will

References

Related articles

How to Confirm an Executor of a Will

An executor is the person named in the will who is in charge of administering the deceased's estate. The executor marshals the estate assets, pays the debts and distributes assets according to the terms of the will. In some cases, the executor needs to be confirmed by a probate court before he can carry out his duties. The court gives the executor official documents that confirm the executor's authority to act on behalf of the estate.

How Long Does a Person Have to Contest a Will?

Most states give you a specific window of time in which to contest a will, and the clock starts ticking once a will is admitted to probate. File a will contest as soon as possible after probate begins to ensure that your will contest is not dismissed for being filed too late.

Can You Contest a Will After Probate?

The probate process officially recognizes the will as valid. It also allows the executor to follow the will's instructions under the supervision of the probate court. When probate begins, so does the window of time in which beneficiaries can contest a will. Once probate is over, the estate no longer exists and the will cannot be challenged.

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