How to Contest a Will: Grounds, Process, and What to Expect

Only 'interested parties' can contest a will. That usually means heirs who would inherit under state intestacy law, beneficiaries named in a prior will, or beneficiaries named in the current will who would receive more if the will were thrown out.

Disappointed friends, neighbors, and distant relatives without standing cannot file a contest no matter how unfair the will seems.

Lack of testamentary capacity: the testator did not understand the nature of the act, the extent of their property, or the natural objects of their bounty at the time of signing. Diagnoses like dementia or Alzheimer's support — but do not by themselves prove — incapacity.

Undue influence: someone in a position of trust manipulated the testator into changing the will in their favor. Late-life changes that benefit a caregiver or new spouse, especially when the testator was isolated, are classic red flags.

Fraud or forgery: the signature is not authentic, or the testator was deceived about what they were signing. Lack of proper execution: the will was not signed and witnessed according to state law.

Most states require will contests to be filed within a few months of the will being admitted to probate — often as little as 90 to 120 days. Once that window closes, the will is final and cannot be challenged.

Discovery in a contested probate matter can take a year or more. Expect medical records, expert testimony from doctors and handwriting analysts, depositions of witnesses, and a bench trial in front of a probate judge.

Many wills contain a 'no-contest' (in terrorem) clause that disinherits any beneficiary who challenges the will and loses. The enforceability of these clauses varies wildly by state — some states enforce them strictly, others only when the contest is brought without probable cause.

Before filing, calculate what you stand to gain versus what you will lose if the no-contest clause is enforced.

Many will disputes settle. Beneficiaries often agree to a modified distribution to avoid the cost and uncertainty of trial. A skilled probate litigator can often resolve a dispute through mediation in a fraction of the time and cost of a contested trial.

Submit your case through National Legal Connect to be matched with probate and estate litigation attorneys in your state.