How Long do you have to contest a will? A Complete Guide

You have weeks to a few years to contest a will—usually, not more than two years. States like Texas recommend that a will should be contested within two years after the testator’s death. When you discover any evidence or reasons that could prompt you to contest a will, you should do so within the shortest time possible. Waiting to contest the will after a long time has lapsed may lead to your contest being time-barred. For example, you should not contest the will after probate has been granted or after the property has devolved and been distributed under the will. 

A will is contested on the grounds of unclear will provisions, lack of testamentary capacity by the testator, undue influence, and fraudulent influence. 

When Can a Will Be Contested?

A will can be contested after the will has been admitted into probate court. The will should be contested within the required timelines as the state laws provide. Do not contest the will after probate is granted or the property has already been divided. 

How Long After Death Can a Will Be Contested?

The timelines for contesting a will are provided by the state estate laws. Beneficiaries and interested persons should contest the will within the timelines provided in the law. Failure to contest the will within the required timelines may lead to the contest being struck off on reliance on the doctrine of laches.

Most states stipulate that you contest a will within 90 days after the will has been admitted to probate. 

How Many Years Can One Sibling Contest a Will?

The person contesting a will should be an adult; if they are a child, someone can contest the will on their behalf. A sibling should contest the will within the timelines provided by law. A will should be challenged within a few weeks to a few years after it has been admitted to probate. For example, in California, a will should be contested within three months after it is admitted to probate. 

Can a Will Be Challenged After 20 Years?

No, a will cannot be challenged after 20 years. Usually, state laws provide for time limitations for filing a will contest. For example, in Texas, an action to contest the validity of a will has to be brought within two years from the date the will was admitted to probate.  A will contest should be filed within the timelines for filing a probate petition. After a will has been validated and the decedent’s property devolved according to their wishes, filing a will contest is time-barred and will yield no results. 

Can a No-Contest Clause Prevent Me from Contesting a Will?

Yes, a no-contest clause can prevent one from contesting, depending on its provisions. When the no-contest clause bars a beneficiary from contesting a will, they should not contest the will lest they lose their bequests under the will if the contest is unsuccessful.

Thus, when you are not a beneficiary under a will, you can contest the will as you do not stand to lose anything. 

Can a Will Be Contested After Distribution

Yes, a will can be contested after distribution if the assets can be traced. However, in some circumstances, contesting a will after distribution is counterproductive. The distribution of assets means that the probate process has ended; thus, contesting a will at this point can be considered vexatious.

You can contest the will while lying on the ground, stating that you have substantial evidence, and if the contest is not allowed, it will lead to injustice. Note that the success rate for contesting a will after distribution is 1%.

Before contesting a will after distribution, you should reach out to an estate planning attorney who shall advise you whether to contest the will or not.

Can a Will Be Contested After Probate Is Granted?

No, a will cannot be contested after probate is granted. Probate is granted after the probate process is completed. Any person who intends to contest a will should do so after a will is admitted to probate.

However, a will contest could occur after the estate is closed if someone who should have been included in the will did not receive notice from the executor or administrator of the estate. Additionally, if you discover the testator had children not included in the estate assets distributions. 

How Long to Contest Will in Florida?

In Florida, you must contest the will within 90 days after the court’s order of admitting the will to probate. The contest of the will is allowed within these timelines so that the will can be contested and the final orders issued within the probate process.

However, there are some exceptions to the deadline. For example, if you were a minor or incapacitated when the will was probated, you may have an extended period to file your contest.

Before filing a will contest, consult an attorney to ensure you are filing within the required timelines. Filing a contest outside the required time may result in striking out of the contest for elapsed time. 

The cost of contesting a will in Florida is approximately $1000 to $5000. The cost depends on attorney fees, filing costs, and other incidental costs. The person who pays attorney fees in a will contest is the person who contests the will. 

What Is the Time Limit to Contest a Will in Indiana

According to Indiana Code 29-1-7-17, the time limit for filing a will contest in Indiana is within three (3) months after the date of admitting the will to probate. The contesting of a will in Indiana should be done within the grounds for contesting a will, such as improper execution of the will, lack of testamentary capacity for the testator, the testator was coerced or controlled to make a will or the testator was tricked into signing a document which they didn’t think it was a will.