The will is being contested — and if you just learned this, it can feel overwhelming. Take a breath. This happens more often than most people think, and there is a clear path forward. Whether you are the person raising questions or the one defending the will, the process follows specific rules set by your state’s probate court. You are not alone in this, and you do not need to figure it all out today.
Where You Stand When the Will Is Being Contested
When the will is being contested, it means someone has asked the probate court to reject the will. The court will not distribute any assets until the challenge is resolved. This can feel like everything is frozen. However, the court has a process for handling this, and most contests do follow a predictable timeline.
There are only a few legal reasons a court will consider. The most common grounds are undue influence (someone pressured the person who made the will), lack of testamentary capacity (the person was not mentally able to understand what they were signing), fraud or forgery, and improper execution (for example, missing witnesses). The person contesting must have “standing,” which means they must be someone whose inheritance would change if the will were thrown out — typically an heir, a beneficiary, or someone named in a prior will.
Every state sets its own deadline for when a contest must be filed. Missing this window usually means the challenge is permanently barred. Here are the exact deadlines in five large states:
| State | Contest Deadline | Governing Law | Clock Starts When |
|---|---|---|---|
| California | 120 days | Probate Code § 8270 | Will is admitted to probate |
| Florida | 90 days | F.S. § 733.212 | Notice of administration is served |
| Texas | 2 years | Estates Code § 256.204 | Will is admitted to probate |
| Illinois | 6 months | 755 ILCS 5/8-1 | Will is admitted to probate |
| New York | Before probate is granted | SCPA § 1410 | Citation is issued to interested parties |
Your state’s deadline may be different from all of these. Check with your county probate court clerk for the exact rule that applies to you.
What to Do First (Step by Step)
When the will is being contested, there are clear steps you can take right away. First, get a copy of the objection that was filed with the court. The probate court clerk can provide this. Read it carefully so you understand exactly what is being claimed. Second, write down the deadline for responding. In most cases, missing this date means you lose your chance to be heard.
Third, gather the key documents. You will want the original will, any prior wills, the death certificate, and the probate court case number. If the will is being contested on grounds of mental capacity, medical records from around the time the will was signed may be important. If undue influence is claimed, notes or letters showing the deceased person’s independent wishes can help.
Fourth, do not move, sell, or give away any estate property while the contest is pending. The court expects everything to stay in place until the matter is resolved. As a result, the executor or personal representative should pause distributions until they get direction from the court.
How to Protect Yourself and Keep Records
When the will is being contested, good records make all the difference. Keep copies of every document you file with the court and every document you receive. Store them in a folder — physical or digital — that is easy to find. If you communicate with the other side, do it in writing whenever possible. Emails and letters create a paper trail that the court can review later.
If you are the executor, keep detailed notes about every action you take on behalf of the estate. Write down dates, amounts, and reasons. For example, if you pay a bill from estate funds, note the date, the amount, and what it was for. This protects you if anyone questions your handling of the estate during the contest.
Do not discuss the details of the contest on social media. Anything you post can potentially be used in court. Typically, the less you say publicly, the better your position. Keep conversations about the case between you, your attorney, and close family members who are directly involved.
When to Get Help (Probate Court or an Attorney)
If the will is being contested and the estate involves significant assets — a home, retirement accounts, or a business — you should speak with a licensed probate attorney. Many offer a free or low-cost initial consultation. An attorney can explain your rights, help you meet deadlines, and represent you in court if the contest goes to a hearing.
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If you cannot afford an attorney, start with your state’s probate court self-help center. Many courts have free staff who can explain the process and point you to the right forms. You can also contact your state or county bar association’s lawyer referral service, which often connects people with attorneys who offer reduced fees for estate matters. In most cases, legal aid organizations can help families with limited income navigate a will contest at no charge.
When the will is being contested, timing matters more than anything. Even if you are unsure whether you need a lawyer, call the probate court clerk and ask what your next step is. They cannot give legal advice, but they can tell you what has been filed, what deadlines apply, and where to find help. This one phone call can save you from missing a deadline that cannot be extended.
Frequently Asked Questions
How long does a will contest usually take?
It depends on the complexity and the state. A straightforward contest may resolve in 3 to 6 months through negotiation or mediation. However, if the case goes to trial, it can take a year or longer. The court’s schedule and whether both sides cooperate also affect the timeline.
Can the will is being contested be resolved without going to trial?
Yes. In fact, most will contests settle before trial. Families often reach an agreement through mediation, where a neutral third party helps both sides find common ground. Many probate courts encourage or even require mediation before scheduling a trial. This approach is typically faster, less expensive, and less stressful for everyone involved.
What happens to the estate while the will is being contested?
The estate is essentially on hold. The executor can still pay necessary bills — like mortgage payments, utilities, and insurance on estate property — but should not distribute inheritances to beneficiaries. The probate court oversees the estate during this time. Once the contest is resolved, the court will issue an order directing how the assets should be distributed.
Where to get real help, free or low-cost
You do not have to figure this out alone, and you do not need to buy anything to get started. Your state’s probate court usually has a self-help desk, and free legal aid can walk you through the next steps.
- Your state probate (or surrogate’s) court: search “[your state] probate court self-help” for free forms and instructions.
- Free legal aid: lawhelp.org — find free and low-cost legal help in your state.
- Eldercare and benefits help: eldercare.acl.gov — connects families with local support.
Sources & How to Verify
The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.
- IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
- Find free legal help: lawhelp.org — free and low-cost legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms
Content last reviewed June 2026. If you notice outdated information, please contact us.
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Informational only — not legal or tax advice. Wills Probate Guide is an independent educational resource, not a law firm, tax advisor, or financial planner, and this page does not provide legal or tax advice. Estate, probate, and tax rules vary by state and change over time, so always verify the exact rule with your state’s probate code, your local probate court’s self-help portal, or a licensed attorney. For urgent matters like an active probate or a tax deadline, contact a licensed attorney in your state right away.