Trust & Estate Litigation · Haute Lawyer Network
What Is a Will Contest and Who Can File One?
Last reviewed: June 2026
A will contest is a legal proceeding challenging the validity of a will. Unlike a trust challenge that occurs during administration, a will contest is typically initiated during probate — after the decedent has died and the will is submitted to the court for validation.
A successful will contest results in the challenged will being declared invalid, in which case the estate is distributed under a prior valid will or under the state's intestacy laws.
Grounds for contesting a will include lack of testamentary capacity — the testator did not understand what they were doing when they signed the will; undue influence — someone manipulated the testator's will; fraud — the testator was deceived about the nature of what they were signing; improper execution — the will was not signed and witnessed in compliance with state formalities; and lack of due execution — the testator did not actually sign the will or did not intend it to be their final will.
Frequently Asked Questions
Who has standing to contest a will?
Interested parties — typically beneficiaries under the will, heirs who would inherit under intestacy, and beneficiaries under a prior will — have standing. A stranger who would not benefit from invalidating the will generally has no standing.
What is the burden of proof in a will contest?
In most states, the party offering the will for probate must establish the will's basic validity — proper execution and the testator's signature. The challenger then bears the burden of proving the specific grounds for invalidity — lack of capacity, undue influence, etc. — by a preponderance of the evidence.
When must a will contest be filed?
Statutes of limitations for will contests are strict and vary by state — typically 60-120 days from the date the will is admitted to probate, or from the date the interested party received notice of the probate proceeding. Missing this deadline permanently bars the challenge.
Can a will be partially invalidated?
Yes. Courts can invalidate specific provisions — such as a bequest to a person who exerted undue influence — while preserving the rest of the will.
How long does a will contest take?
Typically 1-3 years for a contested case proceeding through discovery and trial. Cases that settle through negotiation can resolve in 6-18 months.
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