When a loved one dies and the will doesn't reflect what you believed their true wishes were — or you suspect something went wrong — contesting the will may seem like the right path. But will contests are serious legal proceedings with strict deadlines, high evidentiary standards, and significant costs. Understanding the process before you act can mean the difference between a successful challenge and an expensive loss.
This guide walks you through every step of contesting a will: who can do it, on what grounds, how the court process works, and what realistic outcomes look like.
Not just anyone can contest a will. Courts require you to have legal standing — a recognized interest in the outcome. Typically, the following people have standing:
No-contest clauses: Many wills include a "no-contest" or "in terrorem" clause stating that any beneficiary who challenges the will forfeits their inheritance. If you're already named in the will, contesting it could leave you with nothing — even if you lose the challenge. Review this carefully with an attorney before proceeding.
Courts don't invalidate wills simply because a family member is unhappy with the distribution. You must have legally recognized grounds. The most commonly accepted ones are:
The person who made the will (the "testator") must have been of sound mind at the time of signing. This means they understood: the nature and extent of their property, who their natural heirs are, what a will does, and how all of this fits together. Dementia, severe mental illness, or incapacity from medication can form the basis for this ground — but you need evidence from the time the will was signed, not just general impressions.
Undue influence occurs when someone exerts so much pressure on the testator that the resulting will reflects the influencer's wishes rather than the testator's own. Common scenarios: a caregiver who isolates an elderly person from family, a new romantic partner who engineers a last-minute change, or a family member who controls the testator's finances and access to legal counsel.
If the testator was deceived into signing the will (fraud), or the signature or the document itself is fake (forgery), the will is invalid. Handwriting experts and document examiners are often used as witnesses in forgery cases.
Every state has formal requirements for how a will must be signed and witnessed. Most states require two adult witnesses who watched the testator sign. Some require notarization. If these formalities weren't followed, the will may be void — regardless of the testator's actual intentions.
If a valid, more recent will exists, it supersedes the one being probated. Sometimes a later will is overlooked or hidden — if you have evidence of a more recent document, present it to the probate court.
Will contest deadlines, called "statutes of limitations," vary by state but are universally short and unforgiving:
💡 Check probate court records: Once a will is filed for probate, it becomes a public record. You can visit or check your county probate court's online records to see when the will was filed and when the contest deadline falls.
The burden of proof is on you as the contestant. You'll need to collect evidence before filing. Depending on your grounds, this might include:
Will contests are specialized litigation, distinct from ordinary estate planning. You need an attorney who practices probate litigation — not just an estate planning attorney who drafted your own documents. Look for someone with courtroom experience in your state's probate courts.
Most will contest attorneys work on a contingency basis (they take a percentage of any recovery) or hourly rates. Expect costs to run into the tens of thousands of dollars for a contested matter. Before proceeding, have an honest conversation with your attorney about:
The legal challenge is filed in the probate court handling the estate — typically the county where the deceased lived. Your attorney will file a formal document (often called a "Petition to Revoke Probate" or "Will Contest Complaint") laying out your grounds and the evidence supporting them.
Once filed, all interested parties — including the executor and other beneficiaries — are notified. They have the right to respond and defend the will. The estate may also be temporarily frozen or the executor's authority restricted while the contest is pending.
Like civil litigation, will contests involve a discovery phase where both sides exchange information, take depositions, and gather evidence. This is where the real work happens — and where many cases settle. Your attorney will depose the attorney who drafted the will, the witnesses who signed it, the executor, and anyone who had access to the testator near the time of signing.
Most will contests settle before trial. Settlement might result in a redistribution of assets, a cash payment to the contestant, or some other negotiated outcome. If the case goes to trial, a judge (or in some states, a jury) will hear the evidence and decide whether the will is valid.
If you win, the contested will is typically voided. The estate is then distributed either under a prior valid will or, if none exists, according to your state's intestacy laws. If you lose, the contested will stands and you may also owe the other side's legal fees in some jurisdictions.
Will contests are difficult to win. Courts generally honor a testator's documented intentions. Success rates vary widely depending on the strength of evidence, but cases with clear medical records supporting a capacity claim, or strong evidence of undue influence from a single dominant caregiver, fare best.
Before filing, consider: Is the estate large enough to justify the cost and emotional toll of litigation? Is there any possibility of reaching a fair resolution through mediation or direct negotiation? Many families choose mediation specifically to avoid the cost and family damage of courtroom battles.
A well-structured trust — properly executed with clear documentation — is far harder to contest than a simple will. Trust & Will can help you create an estate plan built to hold up.
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