How long do you have to contest a Will after the person who wroteit dies?

Asked on July 13, 2010 under Estate Planning, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your loss.  The time frame for contesting a Will is generally determined not by the date of death of the Testator (the person that made the Will) but rather from the date that you are served with Notice of Intent to submit the Will to Probate.  You are really filing objections to the Proabting of the Will as written.  The objection must be in writing and is usually accompnaied by a filing fee.  Each state's statute varies and it is best to seek help from an attorney in your area as to specifics for filing.  If you have yet to be served with a document such as a Wiver and Consent or Citation then your time has probably yet to start running. Good luck.

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