How long do you have to contest a Will?

Under KS law.

Asked on September 20, 2011 under Estate Planning, California


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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that must be arising to have you write this question.  Please double check the information her with an attorney in Kansas.  First, you need to have the ability (called standing) to contest a Will.  Under Kansas law, the following persons have the right to oppose the probate of a testator’s Will: any heir (person who would benefit under the Kansas intestate succession laws) or a devisee or legatee (any beneficiary named in the testator’s Last Will). I can not find a specific time limit to contest but you can do so before the Will is admitted to probate (so when you receive notice of the intent to offer it in to probate) until Letters Testamentary are actually given.  The time frame for that differs depending on the size of the estate and how good the attorneys are at putting together the paperwork.  So as soon as you get the notice file an objection to probate (Will contest). When contested, the court will require testimony of at least two of the subscribing witnesses either in person, by affidavit or by deposition. The court may admit the testimony of other witnesses to prove whether the testator had capacity and whether the Will was executed properly. An objection to the probate of a the Will may also be filed after probate has been granted.. This is done by way of an appeal against the order admitting the Will to probate. The appeal must be taken within 30 days from the date of entry of the probate order. Usually the grounds for challenging a Will include: Lack of testamentary capacity; Fraud, coercion, duress or undue influence; Execution requirements not complied with. Also make sure that there is not a no-contest clause in the Will.  Speak with a lawyer.  Good luck.


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