Can You Contest a Will? How It Works
Contesting a will is possible but difficult. Learn the legal grounds, the process, and what to realistically expect.
Will contests are rare — and hard to win
Contesting a will means formally challenging its validity in probate court. While the right to contest exists in every state, courts take a strong presumption that a properly executed will reflects the deceased's true wishes. Successfully overturning a will requires proving specific legal grounds — simply feeling the distribution was unfair is not enough.
Who can contest a will?
Only people with legal standing can contest a will. This generally means you must be either a beneficiary named in the current will, a beneficiary who was named in a previous will, or someone who would inherit under state intestacy laws if the will were declared invalid (such as a spouse, child, or other close relative).
Legal grounds for a contest
Lack of testamentary capacity. The deceased didn't understand what they were doing when they signed the will — they didn't understand the nature of their assets, who their natural heirs were, or what the will would do. This is common in cases involving dementia or other cognitive decline.
Undue influence. Someone exerted improper pressure or manipulation on the deceased to change their will. Common red flags include a new will that dramatically changes distribution, a caregiver or new acquaintance who becomes a primary beneficiary, and isolation of the deceased from family members.
Fraud or forgery. The will was forged, or the deceased was tricked into signing a document they believed was something else.
Improper execution. The will wasn't signed or witnessed according to state law requirements. Most states require two witnesses, and some require notarization.
The process and timeline
A will contest typically begins with filing a formal objection with the probate court within the state's deadline — usually between 30 days and a few months after the will is admitted to probate. The case then proceeds like other civil litigation: discovery (gathering evidence), depositions, potential mediation, and if no settlement is reached, a trial. The entire process can take one to three years and cost tens of thousands of dollars in legal fees.
The effect on your inheritance
While a will contest is pending, the entire estate is typically frozen. No distributions are made to anyone until the dispute is resolved. This means even beneficiaries who aren't involved in the contest must wait. If you're caught in this situation and need funds, an inheritance advance may be an option — your share can potentially be advanced even during litigation, depending on the circumstances.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. No attorney-client relationship is formed by your use of this website or by any communication with First Heritage Funding or its employees. Although members of our team are licensed attorneys, First Heritage Funding is an inheritance advance company, not a law firm, and does not provide legal representation or legal services. Nothing on this website should be relied upon as a substitute for professional legal or financial counsel. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. You should not act or refrain from acting based on information on this site without first consulting a qualified attorney or financial advisor in your jurisdiction.
Frequently Asked Questions
Many wills include a 'no-contest' or 'in terrorem' clause that says any beneficiary who challenges the will forfeits their inheritance. The enforceability of these clauses varies by state — some states enforce them strictly, while others won't enforce them if the challenger had probable cause (reasonable grounds) for the contest.
Legal fees for a will contest typically range from $10,000 to $50,000 or more, depending on the complexity of the case and whether it goes to trial. Some attorneys work on contingency for larger estates. Given these costs, contesting a will is generally only practical when a significant inheritance is at stake.
If the current will is declared invalid, the court looks to the most recent valid prior will. If no prior will exists, the estate is distributed according to the state's intestacy laws. The outcome depends on what the contest proves — sometimes only a specific provision is invalidated, not the entire will.
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