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What happens when someone contests the will during probate?

On Behalf of | Oct 3, 2024 | Probate

The probate process begins after someone passes away and is necessary for validating the deceased person’s will. Sometimes, family members or other interested parties may contest the will if they believe it is unfair or invalid. 

Contesting a will can lead to a legal dispute, and this process can significantly affect the distribution of the estate.

Grounds for contesting a will

To contest a will in Indiana, a person must have valid legal grounds to do so. Common reasons include claims of undue influence, fraud, lack of mental capacity or improper execution of the will. For example, someone might argue that the deceased was not of sound mind when creating the will, or that another person pressured the deceased into signing it. The contesting party might also assert that the will lacks the requisite signatures of two witnesses, making it invalid under Indiana law.

The process of contesting a will

The process starts when the person contesting the will files a formal objection during the probate process. This must occur within three months of the will’s admission into probate. The court will then review the evidence presented by both sides. This often involves witness testimonies and documents to support or refute the claims.

During this time, the court may delay distributing the estate’s assets until it resolves the contest. If the court finds the will to be valid, probate continues, and the assets distribute according to the will. If the court determines that the will is invalid, it may revert to an earlier will or distribute the assets based on Indiana’s intestate laws.

Contesting a will can extend the probate process and increase costs for all involved parties. It may also strain family relationships. In Indiana, some wills include a “no-contest clause,” which means anyone who unsuccessfully contests the will may lose their inheritance. Parties on both sides of the contest must provide strong evidence to support their claims, as the court will carefully evaluate the validity of the will before making a final decision.