Probate is the legal procedure that authenticates a deceased person’s will, specifying who will inherit their assets. Creating a will is crucial as it ensures that your wishes are known and respected by future generations.
After someone dies, their estate must go through the probate process, provided they have a will. There are various grounds on which a will can be contested, so it is essential to ensure that the will is clear and the beneficiaries are indisputable.
Understanding Will Contests
Contesting a will means challenging its validity or specific terms. This can be done by anyone with an interest in the will, regardless of whether they are named in it. Contesting can target the entire will or just certain parts.
Individuals under 18 cannot contest a will directly but can appoint a guardian or executor to do so on their behalf.
Common Reasons for Will Contests
Several factors can lead to a will being contested during probate:
- Claims that the willmaker was mentally incapacitated or under undue influence
- Allegations of fraud or improper preparation
- Absence of witnesses, making the will susceptible to challenges from potential beneficiaries
Legalizing Your Will Through Probate
While laws vary by state, certain general criteria must be met to legalize a will:
- The will must be created by someone who is mentally competent and of legal age.
- The will should be made without any undue influence or coercion.
- The will must comply with state laws.
- Proper witnessing, notarization, and recording are required.
A will made by someone who is not mentally sound or lacks proper witnesses and signatures is open to challenges.
Steps to Contesting a Will in Court
Probate proceedings commence after the individual’s death and are overseen by the probate court. Beneficiaries must assess the estate’s value, settle any debts, and notify other named individuals.
1. Conduct Thorough Research
Before contesting a will, familiarize yourself with the relevant laws and ensure your reasons for contesting align with state probate laws. Note the time frame within which a will can be contested.
2. File a Petition
After completing your research, submit the will to the probate court. While hiring an estate planning attorney is advisable, you can also represent yourself. If the estate is at risk or multiple parties are contesting, professional legal assistance is recommended.
3. Gather Evidence
Once your petition is filed, await a hearing date from the probate court. Use this time to collect evidence to strengthen your case, increasing your chances of a favorable outcome.
4. Stay Informed About Court Dates
Multiple court dates may be scheduled. Ensure you attend all hearings or allow your lawyer to represent you if you cannot attend, to expedite the process.
When Contesting a Will Is Not Feasible
In some cases, contesting a will is not possible, especially if it includes a no-contest clause. Such clauses may stipulate that anyone contesting the will forfeits their inheritance, making challenges difficult.
keep these points in mind when considering contesting a will in court, and always seek expert legal advice.
