What Happens If Someone Contests a Will? Understanding Will Disputes in Probate

When someone passes away and leaves behind a will, it’s expected to serve as the final word on how their assets should be distributed. But sometimes, that will is challenged — and when that happens, a will contest begins.

These disputes can cause lengthy delays, emotional stress, and costly legal battles for families already dealing with grief. If you’re serving as a Personal Representative or involved in a contested estate, it’s crucial to understand how the process works.

💥 What Is a Will Contest?

A will contest occurs when someone formally objects to the validity of a will or submits a different will to probate. These challenges are filed in probate court and must be resolved before the estate can be distributed.

Common reasons for contesting a will include:

• Claims of undue influence
  
  
• Questions about mental capacity at the time the will was made
  
  
• Accusations of fraud or forgery
  
  
• The existence of a newer will
  
  
• Belief that the will violates state law or lacks proper execution
  
  

✅ Who Can Contest a Will? (Understanding Legal Standing)

Not just anyone can challenge a will. To bring a will contest, a person must have legal standing — meaning they are directly affected by the terms of the will.

Examples of individuals with standing:

• A child who was disinherited or left out entirely
  
  
• A sibling receiving a smaller share than another
  
  
• A beneficiary of a prior will who is excluded in the current one
  
  
• A spouse not provided for in the will
  
  
• Someone with interest in the estate if there was no will at all
  
  

But your personal opinions or observations aren't enough. For instance, even if you believe your elderly neighbor’s children treated her poorly, that doesn’t give you the right to contest her will.

🧾 How Does a Will Contest Affect the Probate Process?

Contesting a will can:

• Delay probate by months or even years
  
  
• Require testimony from doctors, witnesses, attorneys, and others
  
  
• Lead to court-supervised negotiations or trials
  
  
• Potentially overturn the will — or revert the estate to a prior will
  
  
• Create disputes over who should serve as the Personal Representative or as a trustee for any associated trusts
  
  

These cases can be expensive, both financially and emotionally. While few contests succeed, they must still be fully litigated, which means legal fees, court costs, and significant time.

🏡 Selling Real Estate in a Contested Estate? We Can Help.

If you're involved in a will contest or managing the sale of inherited property during probate, turn to the experts at Your Home Sold Guaranteed Realty Advisors LLC.

We specialize in:

• Helping executors and heirs manage real estate in probate
  
  
• Coordinating with probate attorneys during disputes
  
  
• Offering multiple cash offers, flexible timelines, and guaranteed sale programs
  
  
• Keeping sensitive situations respectful and legally compliant
  
  

📞 Call 718-571-8366 today for a confidential consultation
🌐 Or visit: www.NYSProbateSolutions.com

🎯 Final Thoughts: Protect Your Legacy

Will contests are more common than many people realize. The best way to avoid one? Plan ahead, create a clear, legally valid will, and review it regularly.