How to Contest a Will in Probate Court

Probate court can be challenging for families, especially when disagreements over a will create further strain. If you believe a will isn't valid or doesn’t reflect the true intentions of the deceased, you may have grounds to contest it in probate court. A probate lawyer can help you take the right steps to protect your rights and make sure the estate is handled fairly.

At Justin Lowe & Associates we know how emotional and frustrating it can be when a loved one's will doesn't seem right. Whether you're concerned about undue influence, lack of mental capacity, or possible fraud, we’ll discuss the important parts of contesting a will and how a probate lawyer can support you along the way.

What Is Probate Court?

Probate court is the legal setting where a deceased person’s estate is settled. This includes validating their will, paying off debts, and distributing assets to heirs or beneficiaries. If a will exists, the court’s job is to determine whether it's valid and should be carried out.

If questions arise about the legitimacy of a will, that's when a formal contest can be filed. When one heir feels left out or believes something shady occurred, the process can shift from routine estate management into full litigation.

Who Can Contest A Will?

Not everyone can contest a will. You must have legal standing, meaning you’re directly affected by the will’s outcome. That typically includes:

• Beneficiaries named in the current will: These individuals may want to contest certain clauses or argue that other provisions are unfair or inaccurate.

• Heirs at law: These are people who would inherit if there were no will. Often, children, spouses, or siblings of the deceased.

• Creditors: In rare situations, a creditor may claim that certain assets should be used to pay outstanding debts instead of being passed to heirs.

If you fall into one of these categories, a probate lawyer can help you determine whether your case has legal merit.

Legal Grounds for Contesting a Will

To succeed in a will contest, you must present specific legal reasons why the document shouldn’t be accepted by the court. Some of the most common include:

• Lack of testamentary capacity: The person who wrote the will (called the testator) must have had the mental ability to understand what they were doing. If they suffered from memory loss, dementia, or another condition, the will may not hold up in court.

• Undue influence: If someone pressured or manipulated the testator into changing their will, this is grounds for contest. Often, this involves caretakers, relatives, or new romantic partners isolating the testator from others.

• Fraud or forgery: A will can be thrown out if someone tricked the testator into signing it or if the document was faked entirely.

• Improper execution: Every state has rules for how a will must be signed and witnessed. If those procedures weren’t followed, the will might be invalid.

• Revocation by a newer will: If there’s a more recent valid will, the older one may be revoked. Sometimes, more than one version of a will is discovered after death.

Proving any of these issues isn’t easy, but it’s possible with documentation, testimony, and help from a probate lawyer who knows what to look for.

Deadlines for Contesting a Will

Will contests aren’t open-ended. Most states have specific deadlines, often referred to as a “statute of limitations.” These timelines can vary depending on whether probate has started yet and how you’re involved in the process.

For example, if you receive notice that a will has been filed, you might only have 30 to 90 days to object. If you weren’t notified and later discover the will, you may have longer, but you’ll still need to act quickly.

Missing these deadlines usually means losing your right to contest the will altogether. That’s one of many reasons it’s critical to speak with a probate lawyer right away if you suspect something is wrong.

How to Begin the Process

If you believe there are grounds to challenge a will, the process usually unfolds by first hiring a probate lawyer. A lawyer can review the will, explain your rights, and help you file the necessary paperwork to initiate a contest.

Next, you’ll file a formal objection with the probate court. This paperwork outlines your relationship to the deceased and the reasons you're contesting the will. After this, both sides will begin the discovery phase, gathering evidence including witness statements, medical records, and financial documents.

Finally, you’ll attend court hearings or mediation. Some contests are resolved through settlement, while others move forward to trial, where a judge will decide the case. From the start, your probate lawyer can help keep things on track and make sure deadlines are met.

What to Expect During a Will Contest

Contesting a will is more than just filing paperwork. It often includes court appearances, negotiations, and detailed analysis of family history, medical records, and financial transactions.

You may need to:

• Answer discovery requests: The opposing side can ask for documents or send questions (called interrogatories) that you’ll need to respond to under oath.

• Testify in court: You might have to explain your relationship with the deceased and why you believe the will isn’t valid.

• Bring in witnesses: This could include doctors, caregivers, or people who saw how the will was signed.

It’s not uncommon for emotions to run high. Family members who once got along may end up on opposite sides of a lawsuit. Having a probate lawyer as your representative can reduce the pressure and keep the process focused on the legal issues.

Possible Outcomes After Contesting a Will

A will contest doesn't always end with the entire will being thrown out. Courts have several options depending on the evidence. If the court finds no legal issue, the will stands as written. In some cases, only certain sections are struck down, while the rest of the document is enforced. 

The court may also reject the document entirely, in which case the estate is distributed under state intestacy laws. Many will contests are resolved through negotiation, where parties agree on a new division of the estate.

Even if you're confident about your case, it's still up to the court to decide. A probate lawyer can help you prepare the strongest possible argument while explaining which outcomes are likely based on the facts.

When Probate Disputes Get More Intricate

Some cases become more challenging when additional factors are involved:

• Multiple wills: If more than one version of the will exists, the court must determine which one is valid. Discrepancies in signatures, dates, or witnesses often play a key role.

• Missing or destroyed wills: If someone suspects a will was deliberately hidden or destroyed, proving this can require an in-depth investigation.

• Out-of-state property: If the deceased owned property in another state, probate proceedings may need to happen in multiple jurisdictions.

In situations like these, a probate lawyer with experience in contested wills can help you manage the added steps and make sure nothing falls through the cracks.

Ways to Prevent Future Will Contests

If you're currently planning your estate—or helping a loved one do the same—there are steps you can take to reduce the chances of a future dispute. One crucial step is to keep the will up to date, especially after major life events like marriage, divorce, or the birth of children.

Using clear language is also essential. Avoid vague statements and explicitly state who should receive what, and provide reasons for these decisions. Another preventative measure is to include a no-contest clause, which deters beneficiaries from challenging the will by imposing penalties if they do so. 

Some individuals choose to record a video explanation of their will, demonstrating that they’re of sound mind when making their decisions.

Finally, working with a probate lawyer from the outset helps confirm that your will is properly drafted and legally valid. While these steps can’t entirely prevent a contest, they can significantly reduce the likelihood of one succeeding.

Reach Out to a Probate Lawyer Today

If you believe a loved one’s will is invalid or unfair, you don’t have to go through it alone. Contesting a will in probate court is a serious step, but it can protect your rights and honor your loved one’s true intentions. At Justin Lowe & Associates, we work with families throughout Oklahoma City, Oklahoma, as well as Edmond, Norman, Guthrie, Yukon, and elsewhere in Oklahoma. Reach out for a consultation today.