What to Do When a Will Is Being Contested

✓ Verified June 12, 2026

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.

The short answer: When the will is being contested, someone has filed a formal legal challenge in probate court claiming the will is not valid. Your first step is to find out what the specific objection is and what deadline your state gives you to respond. Contact the probate court clerk in the county where the estate is being handled — they can tell you exactly what has been filed and what happens next. If significant money or property is at stake, speak with a licensed probate attorney before that deadline passes.

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.

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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.

Deadlines in will contests are strict. Florida gives only 90 days from the date you are served with the notice of administration. California gives 120 days from the date the will is admitted to probate. If your state has a short window, do not wait — contact the probate court or an attorney as soon as you learn the will is being contested.

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.

Bottom line: When the will is being contested, the most important things you can do are learn the deadline in your state, get a copy of what was filed, and talk to the probate court clerk or a licensed attorney before that deadline passes. This process has clear rules, and families get through it every day. You do not have to face it alone — your state’s probate court and legal aid offices are there to help.

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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