The law requires that a proceeding contesting a will be filed within two years of the time that the will was admitted to probate. But what if someone has a newer, different will in their possession than the one admitted to probate?
In that situation, it may be possible to file the newer, different will more than two years after the other will has been admitted to probate because the law says that you can file a will for probate within fours years of the testator’s death. While filing a newer, different will than the will admitted to probate is surely a ‘contest,’ some courts have allowed the process to go forward, treating the proceeding as a filing of a will (four years) as opposed to a will contest (two years.)
