What is the time limitation for contesting a Will and how would I start the procedure?

Asked on March 2, 2013 under Estate Planning, Washington


Elena Eckert

Answered 7 years ago | Contributor

It depends on the probate laws of the state where a petition for probate was filed.  If such petition was filed, it usually sets forth the time period to contest the will or will provisions.  You can get access to the file after you have been served with a copy of the petition for probate.  Generally, a person who wishes to contest a will has to file an objection to the probate of a will before the scheduled hearing.  This is not a simple matter, and I suggest you consult with a probate litigation attorney in your area.

Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

Question: Has a petition for probate been filed? If yes then the petition will set forth the time period to contest the will provisions after you have been served. Generally if you have been served a copy of the petition, then you can at that time file an objection to the petition before the scheduled hearing. I would strongly suggest you obtain probate litigation counsel to assist you, if you are the contesting person.

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