How to Contest a Will in Probate
- 1). Review the will. The mere act of contesting a will can cause you significant harm. If the will has a "no contest" clause, contesting the will could result in you losing the right to any inheritance. Read through the will carefully and pay special attention to any no contest clauses.
- 2). Research the law. Each state has its own set of laws governing wills and probate procedures, generally referred to as the probate code. These laws set out specific steps you must take whenever you decide to contest a will or its provisions. Research your state's probate code for any laws about contesting the will.
- 3). Determine the grounds of your claim. You can only contest a will if you have a legal basis to do so, referred to as the grounds. Typically, only people who are named as beneficiaries in the will, or those who are not named as beneficiaries but who stand to inherit under the laws of intestate succession, can contest a will in probate.
- 4). File a petition with the court. Once you have determined the basis of your claim you must notify the court of your claim. This is done by filing a petition, a lawsuit that asks the court to take a specific action--in this case, declaring the will invalid or other similar request. Different states require different procedures for doing this, but you must file the petition in the county where the will has been admitted to probate.
- 5). Present your case. Once your petition is filed, the court schedules a hearing date. This is a trial, and you must be able to prove to the court that your claim is valid. You must present evidence that backs up your claim and comply with all the court's rules and laws governing probate trials.
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