How long do I have to contest a will after someone dies?

Deadlines vary and are often tied to when probate is opened or when you receive formal notice, so it's worth talking to an attorney as soon as you suspect an issue rather than waiting.

What counts as undue influence?

Undue influence generally means someone used pressure, manipulation, or a position of trust to get a person to change their will in a way that doesn't reflect their real wishes.

Can a will be contested if the person had dementia?

A diagnosis alone isn't automatically disqualifying, but medical records showing impaired capacity at the time the will was signed can support a contest.

Contest a will or challenge suspected estate fraud

Not every estate dispute is the same kind of fight. Contesting a will specifically means challenging its validity, often on grounds like undue influence, lack of capacity at the time of signing, or improper execution. That's a narrower and more time-sensitive claim than general estate litigation over asset distribution or executor conduct, and courts usually impose strict deadlines for filing a contest after probate begins.

People searching for this kind of help are often family members who suspect a late change to a will happened under pressure, or who were left out entirely after being promised something different for years. An attorney handling a contest will look at medical records, witness accounts around the signing, and the pattern of any changes made shortly before death.

Review of the will's execution for validity issues
Undue influence and lack of capacity claims
Filing within the probate court's contest deadline
Negotiating settlements among heirs to avoid a full trial

What it costs

Will contests are often handled on an hourly basis given how fact-intensive they are, though some firms take a percentage if the estate's assets are the disputed prize. Costs rise significantly if the case goes to a full trial rather than settling among the heirs.

Top 3 by our score

Ranked from our published scoring of public Google reviews for estate litigation attorney.

1. Declercq Law Firm PLLC
5.0★ · 184 reviews

94
2. The Law Office of Arij H. Syed
4.9★ · 37 reviews

84
3. Weir Attorneys
5.0★ · 31 reviews

80

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FAQ

How long do I have to contest a will after someone dies?: Deadlines vary and are often tied to when probate is opened or when you receive formal notice, so it's worth talking to an attorney as soon as you suspect an issue rather than waiting.
What counts as undue influence?: Undue influence generally means someone used pressure, manipulation, or a position of trust to get a person to change their will in a way that doesn't reflect their real wishes.
Can a will be contested if the person had dementia?: A diagnosis alone isn't automatically disqualifying, but medical records showing impaired capacity at the time the will was signed can support a contest.

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