Contesting a Will During Probate: What You Need to Know
When someone dies, probate administration of their estate begins—a process that can bring closure but can also raise questions or disputes. One of the most challenging situations for family members or heirs is when they believe a will doesn’t reflect the true intentions of the deceased. Contesting a will during probate can feel overwhelming.
Understanding the probate process for contesting a will and the options available to you can help you act decisively and protect your interests. At Sanders & Sanders, Attorneys at Law, we assist clients in Upper Marlboro, Maryland, and surrounding areas, including Clinton, Maryland; Bowie, Maryland; Fort Washington, Maryland; Largo, Maryland; and Washington, D.C., with issues related to probate administration.
We help clients understand their rights, review documentation, and take action when a will may not have been properly executed. Probate administration is often time-sensitive, so acting quickly is important if you suspect there are valid reasons to challenge a will. Give us a call today to get started.
Grounds for Contesting a Will
Not every dispute over a will is valid, but there are several common reasons someone may contest it. These typically involve questions of the deceased's intent, the execution of the will, or undue influence. Understanding these grounds helps families and heirs determine whether contesting is worth the effort.
Lack of testamentary capacity: A will is only valid if the person who made it (the testator) understood what they were signing, what property they owned, and who their beneficiaries were. If someone can show the testator lacked mental capacity, the will may be contested.
Undue influence: Sometimes, a person may have pressured or manipulated the testator to benefit themselves unfairly. Evidence of coercion, threats, or manipulation can be grounds to challenge a will.
Fraud or forgery: If a will has been forged or altered without the testator’s knowledge, probate administration may be stopped while the court investigates.
Improper execution: Wills usually must meet specific legal formalities, like being signed in the presence of witnesses. Mistakes in execution can provide grounds to contest a will.
Revocation: If a later will or codicil exists that wasn’t properly accounted for, heirs may challenge the probate of an older will.
Each of these reasons can significantly impact probate administration, and understanding them helps families assess the validity of a potential contest. Acting sooner rather than later often increases the likelihood of a positive resolution.
Timing and Eligibility for Contesting a Will
Timing is critical in probate administration. Contesting a will is subject to strict deadlines that vary by state; generally, the sooner a challenge is filed, the better. Waiting too long can result in losing the right to contest.
Unexpected exclusion: Being left out of a will entirely can be a signal that contesting is appropriate.
Significant reduction in inheritance: Receiving less than anticipated may indicate potential issues with the will’s execution or intent.
Signs of coercion or manipulation: If you suspect the testator was pressured into making decisions, this can form the basis for a challenge.
Inconsistencies or errors in the will: Conflicting statements or mistakes in the document itself can be grounds for contesting.
Recognizing these signs early is crucial, as probate administration deadlines are strict. Acting promptly allows heirs to preserve their rights and gather the evidence they need.
Not everyone has the legal right to challenge a will. Generally, only those with a financial interest in the estate may contest it. Understanding who has standing helps decrease wasted effort during probate administration.
Children or grandchildren: They may contest if left out or if the distribution seems unfair relative to prior intentions.
Spouses: Marital rights can entitle a spouse to a share of the estate, even if omitted or underrepresented in the will.
Beneficiaries named in previous wills: If an older will was superseded under questionable circumstances, these individuals may have grounds to contest.
Recognizing who is eligible to challenge a will helps families focus their efforts appropriately. Standing requirements prevent challenges from unrelated parties and help streamline probate administration.
Challenges in Probate Administration
Even when a contest seems straightforward, certain challenges can complicate probate administration. Awareness of these issues allows heirs to better prepare and respond.
Burden of proof: The person contesting the will must present strong evidence supporting their claims. Without sufficient documentation, the case may fail.
Emotional strain: Disputes over inheritance can strain family relationships and create long-lasting tension. Being prepared for this aspect can make communication more effective.
Costs and fees: Legal fees, court costs, and knowledgeable witness expenses can add up quickly. Considering the financial implications is essential before pursuing a contest.
Time delays: Contested probate administration can extend the estate’s resolution, sometimes taking months or years. Planning accordingly can help manage expectations.
Understanding these challenges allows clients to prepare for potential hurdles. Being proactive can reduce delays, control costs, and help families stay focused during the process.
Strategies for a Strong Contest
While outcomes cannot be guaranteed, adopting strategic approaches strengthens your position during probate administration. Being methodical and organized can improve the clarity of your claims and support your legal arguments.
Act promptly: Filing objections quickly preserves legal rights and avoids missing critical deadlines.
Document everything: Maintain thorough records of communications, observations, and relevant incidents. This evidence is vital for substantiating claims of undue influence or incapacity.
Understand state laws: Each state has unique rules governing probate administration and contested wills. Familiarity with these regulations allows for better preparation.
Consult experienced counsel: Legal guidance helps identify valid claims, collect evidence, and prepare petitions effectively.
Implementing these strategies improves your ability to manage a will contest confidently. Careful preparation also reduces uncertainty and confirms that heirs make informed decisions throughout probate administration.
Possible Outcomes of Contesting a Will
The results of contesting a will during probate administration vary depending on the grounds and evidence presented. Knowing what to expect helps heirs make informed choices.
The will is upheld: The court finds the will valid, and probate administration continues according to the original document.
The will is partially invalidated: Some provisions may be changed, affecting the distribution of certain assets.
The will is entirely invalidated: The court may revert to an earlier will or distribute assets according to state intestacy laws.
Settlement agreements: Parties may reach an arrangement outside court, resolving disputes amicably.
Being aware of these outcomes helps heirs set realistic expectations and plan their next steps. Understanding the range of possibilities reduces uncertainty during probate administration.
Take Action on Your Probate Concerns
If you’re considering contesting a will during probate administration, contact us at Sanders & Sanders, Attorneys at Law for guidance. We help clients in Upper Marlboro, Maryland, and nearby areas, including Clinton, Bowie, Fort Washington, Largo, and Washington, D.C., review their estate documents and understand their rights.
Protecting your interests during probate administration can be challenging, but you don’t have to face it alone. Call us today to schedule a consultation and get the guidance you need to move forward with confidence.