Whether a will can be contested after probate depends on when you’re attempting to challenge it. Are you seeking to contest the will after it has been admitted to probate, or after probate has fully concluded? This distinction is important, as the former is generally permitted, whereas the latter is usually not.
Understanding why this distinction matters requires a basic grasp of how probate works. Probate is the court-supervised process through which a decedent’s will is authenticated, outstanding debts and taxes are paid, and assets are distributed to beneficiaries according to the terms of the will. If no valid will exists, assets are distributed to the decedent’s closest living heirs according to intestate succession laws.
Once probate concludes, it becomes extremely difficult, if not impossible, to recover assets that have already been distributed, which is why challenging a will after probate concludes is almost never permitted. Before probate ends, however, there are several avenues for contesting a will.
Typically, the process begins when an interested party, sometimes the executor named in the will, files a petition for probate with the court. This triggers the court to set a date for the initial probate hearing. The petitioning party then becomes responsible for serving notice of the hearing to all beneficiaries and heirs, which must include information about their right to contest the will within a specific timeframe.
As long as beneficiaries and heirs have a financial stake in the outcome and valid legal grounds for their contest, they can raise objections before the will is admitted to probate. This can be done by filing a written objection to the probate petition and a will contest petition in advance of the hearing, or by appearing at the hearing to object in person.
If successful, this strategy prevents the will from being admitted to probate. In its place, a different valid will may be submitted instead or, if no valid will exists, the petitioning party may seek to have an administrator appointed to distribute estate assets according to intestate succession laws.
That said, if you are unable to object before the hearing, you may still have an opportunity to dispute the will after probate has been granted — though you must do so within the statute of limitations for contesting a will.
We’ll explore what’s involved in contesting a will after probate is granted in more detail below.
