The short answer
You can contest a will if you'd get more without it, as an heir or as a beneficiary under an earlier will, and you have a legal reason to think it's invalid. Being unhappy with what you were left isn't a reason. The window is short: a few months after you're notified in many states. Miss it and the will stands, whatever the facts.
This guide covers how contests work. It isn't a substitute for a probate lawyer in your state. If you're seriously considering one, talk to a lawyer before the deadline, not after.
Who can contest a will
Courts only hear contests from interested persons: people whose inheritance would be hurt if the will is valid. That usually means:
- Heirs who would inherit under state law if there were no will, such as a spouse or children. See who inherits if there's no will.
- Beneficiaries of an earlier will who were cut out or given less in the new one.
A friend, a caregiver who was promised something verbally, or a relative who wouldn't inherit either way generally can't contest.
The grounds courts accept
- Lack of capacity. When the will was signed, the person didn't understand that they were making a will, roughly what they owned, and who their family was. A diagnosis of dementia isn't enough on its own. What counts is their state of mind on the day they signed.
- Undue influence. Someone overpowered the person's own wishes. Courts look for a relationship of trust and dependence (a caregiver, an adult child handling the finances), involvement in getting the will made, and a result that departs from earlier plans. In many states those facts shift the burden to the beneficiary to prove the will was freely made.
- Fraud. The person was lied to about what they were signing, or about facts that led them to change the will.
- Improper execution. The will wasn't signed and witnessed the way state law requires. Handwritten wills are valid in some states and not in others.
- Revocation. A later will or a deliberate act (tearing it up, for example) revoked it.
- Forgery.
The person contesting usually has the burden of proof, and courts start from the presumption that a properly signed will is valid. Most contests settle before trial.
Deadlines to contest a will, by state
| State | Deadline | Law |
|---|---|---|
| California | 120 days after the will is admitted to probate | Probate Code 8270 |
| Texas | 2 years after the will is admitted to probate (2 years from discovery for forgery or fraud) | Estates Code 256.204 |
| Florida | 3 months after you're served with the notice of administration | Fla. Stat. 733.212 |
| New York | Before the will is admitted: objections are due by the return date on the citation | SCPA 1410 |
| Ohio | 3 months after the certificate of notice of probate is filed | ORC 2107.76 |
| Illinois | 6 months after the will is admitted to probate | 755 ILCS 5/8-1 |
| Pennsylvania | 1 year from the register's decree (a court can shorten it to 3 months) | 20 Pa.C.S. 908 |
| Arizona | The later of 12 months after informal probate or 2 years after death | A.R.S. 14-3108 |
| Washington | 4 months after probate | RCW 11.24.010 |
| Georgia | 4 years after a common-form probate; a solemn-form probate binds those served right away | O.C.G.A. 53-5-19 |
Notice that in New York the fight happens before probate, and in Washington you also have to personally serve the personal representative within 90 days of filing. In most states the clock starts when the will is admitted or when you're served, not when you find out what's in it. If you get a notice from a probate court, read it the day it arrives.
No-contest clauses
Many wills say that anyone who contests loses what they were left. Whether that's enforced depends on the state:
- Florida: not enforceable at all.
- California and most Uniform Probate Code states: not enforced if you had probable cause, meaning a reasonable basis to believe you'd win.
- New York: enforced even with probable cause, with exceptions for claims of forgery or revocation brought in good faith and for preliminary examinations of witnesses.
- Indiana: enforceable since its law changed, with exceptions when a court finds good cause.
If the will leaves you something under a no-contest clause, the question is whether the chance of winning is worth risking what you'd get.
How a will contest works
- Get a copy of the will and any earlier wills. Once filed for probate, a will is a public court record.
- See a probate litigation lawyer quickly. Many offer a free first consultation, and some take strong cases on contingency.
- File the objection or petition with the probate court before the deadline, and serve the executor and other interested people as your state requires.
- Discovery: medical records, the drafting lawyer's file, depositions of the witnesses and the lawyer who prepared the will.
- Mediation or trial. Most cases settle once both sides have seen the evidence.
Costs vary widely. A contest that settles after some discovery often costs in the tens of thousands of dollars, and one that goes to trial can cost far more. Weigh that against what's at stake. See how much probate costs for the baseline costs every estate pays.
What happens to the house during a will contest
The executor usually stays in charge of the estate while the contest is pending, including the house. That means the estate keeps paying the property tax, insurance and any mortgage. Unpaid property tax becomes a lien whoever ends up with the house, and it can lead to a tax sale if it drags on for years. See what happens if property taxes aren't paid.
Selling the house during a contest usually takes court approval or notice to the other parties, and the person contesting can object. If the family is fighting over who lives in the house, the court can order rent or a sale. Meanwhile, the homestead exemption of the person who died generally ends, so the tax bill can go up. See property taxes on an inherited house.
How to make a will harder to contest
If you're the one making the will: use a lawyer, follow your state's signing and witnessing rules exactly, consider a self-proving affidavit, keep beneficiaries out of the room when you sign, explain big departures from earlier plans in a letter, and review the will when your circumstances change. A revocable living trust is also harder to challenge in practice, though trusts can be contested too. In California, for example, that window is 120 days after the trustee's notice.
Quick answers
Who can contest a will?
Generally only heirs and beneficiaries of an earlier will whose inheritance would be reduced by the will being challenged.
How long do you have to contest a will?
It depends on the state: as little as 3 months after notice in Florida and Ohio, 120 days in California, 6 months in Illinois, and 2 years in Texas.
How often do will contests succeed?
Few go to trial, and contestants win a minority of those. But many contests end in settlements that give the contestant something.
Sources
California Probate Code 8270 and 21311; Texas Estates Code 256.204; Florida Statutes 733.212 and 732.517; New York SCPA 1410 and EPTL 3-3.5; Arizona Revised Statutes 14-3108; Revised Code of Washington 11.24.010; Ohio Revised Code 2107.76; 755 ILCS 5/8-1; 20 Pa.C.S. 908; O.C.G.A. 53-5-19; Indiana Code 29-1-6-2; Minnesota Statutes 524.2-517 (Uniform Probate Code 2-517). Some were read from public.law mirrors of the official codes. This is general information, not legal advice.