How to Contest a Will: Grounds, Process, and What to Expect

When a will is filed for probate and you believe it doesn't reflect the true wishes of the person who died — or that it was the product of fraud, manipulation, or incapacity — contesting it is possible, but rarely easy. Here's what you need to know.

What "Contesting a Will" Actually Means

Contesting a will means filing a formal legal challenge in probate court seeking to have the will declared invalid. If the challenge succeeds, the court treats the deceased as having died either without a will (intestate) — so the estate distributes according to state law — or under an earlier, valid will.

Importantly: you cannot contest a will simply because you feel it's unfair, because you expected more, or because you don't like the way the deceased distributed their estate. Courts respect a person's right to leave their property to whoever they choose — including leaving family members nothing, if that was their wish. Valid grounds are specific and limited.

The Most Common Grounds for Will Contests

Lack of testamentary capacity

The testator must have understood four things at the time of signing: (1) they were making a will; (2) the nature and extent of their property; (3) who their natural heirs were; and (4) how the will distributed their estate. Dementia, severe mental illness, or other cognitive conditions can form the basis for this argument — but medical diagnosis alone is not enough. Many people with dementia have periods of clarity sufficient to execute a valid will.

Undue influence

This is the most commonly alleged ground in contested estates. You must show that someone in a position of trust — often a caregiver, new romantic partner, or a child who became the primary caregiver — exerted pressure that overcame the testator's free will. Red flags courts look for: a new will made late in life that dramatically changes prior provisions; the beneficiary was the person who arranged for the will to be drafted; the testator was isolated from other family members; or the testator was physically or cognitively vulnerable.

Fraud or forgery

Either the testator was deceived into signing something they didn't understand was a will, or the document itself is forged. These are serious allegations requiring strong evidence.

Improper execution

Every state has specific requirements for a valid will — typically requiring two witnesses (who must not be beneficiaries) and sometimes notarization. A will that doesn't meet these technical requirements can be invalidated regardless of the testator's intentions.

Before You Decide to Contest

Consult a probate litigation attorney promptly — will contest deadlines are strict (often 30–120 days after probate is opened)
Gather all available evidence — medical records, communications, prior wills, witness statements
Understand the costs — will contests can cost $20,000–$100,000+ in attorney fees
Consider the relationship costs — family relationships often do not survive will contests
Ask your attorney about settlement — many will contests resolve in negotiated settlements without full litigation

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Frequently Asked Questions

On what grounds can a will be contested?

A will can only be challenged on specific legal grounds — you cannot contest a will simply because you disagree with its terms or feel the distribution is unfair. Valid grounds for contesting a will include: (1) Lack of testamentary capacity — the testator (person who made the will) lacked the mental capacity to understand what they were doing at the time of signing. This requires showing they didn't understand the nature of making a will, the extent of their property, who their natural heirs were, or how the will would distribute their estate; (2) Undue influence — someone in a position of trust or power (a caregiver, a new romantic partner, a family member) exerted pressure on the testator that overcame their free will, resulting in a will that reflects the influencer's desires rather than the testator's; (3) Fraud or forgery — the testator was deceived into signing the will, or the will itself is fraudulent or forged; (4) Improper execution — the will was not signed, witnessed, or notarized according to state law requirements; (5) Revocation — the testator had revoked the will through a later valid will, a written revocation, or physical destruction of the document.

Who can contest a will, and how long do you have?

Standing to contest a will is typically limited to "interested parties" — people who would benefit from the will being invalidated. This includes: beneficiaries named in the will; people who would inherit under the state's intestacy laws if there were no will (heirs at law); beneficiaries of a prior will; and in some states, creditors of the estate. Time limits for contesting a will are strict and vary by state — typically ranging from 30 days to 4 months after the will is admitted to probate, though some states allow up to 2 years. Missing the deadline bars the contest regardless of the merits. Probate courts publish notices of probate proceedings, which starts the clock running — if you have reason to believe you may want to contest a will, you need to act quickly. Once a will has been admitted to probate and the time to contest has passed, the will becomes final.

How likely is a will contest to succeed?

Will contests are difficult to win, expensive to pursue, and often damage family relationships permanently. The statistics on will contest outcomes are not systematically published, but practitioners generally estimate that the majority of will contests that proceed to litigation do not succeed in invalidating the will — courts give significant deference to the testator's expressed wishes. Success is most likely when there is direct evidence of undue influence or lack of capacity (medical records, testimony from witnesses, suspicious changes to the will shortly before death, isolation of the testator), the will was improperly executed, or the will is clearly forged. Success is least likely when the contest is based on "they always said they'd leave it to me" or "they would have wanted it this way." Before deciding to contest a will, consult with a probate litigation attorney who can evaluate your specific evidence and realistic chances. Most attorneys will be honest about weak cases — and a strong attorney may be able to negotiate a settlement short of full litigation.