Time Limits

The time limits or what lawyers call the statute of limitations for contesting a will is determined by reference to the date the will was admitted to probate. Click on “admitted” to learn what that means.

Time to File

A will can be filed for probate anytime within fours years of the death of the testator.  The date of death is not the date that the statute of limitations starts to run. It is doesn’t start to run when the will is first filed for probate. The statute of limitations doesn’t start until the will is admitted to probate. A person then has two years after the will has been admitted to probate to file a will contest.

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