Challenging a Will After the Estate Has Closed

At the beginning of probate, there is a lot that can happen. Wills may be hard to find. Creditors may make claims. Heirs may even want to challenge the will.

A challenge of a will can happen at any time. However, overturning a will after probate is extremely rare. Probate courts generally respect the wishes of the deceased, and most will contests occur before the distribution of assets. Once a will has been probated, challenging it becomes far more difficult.

Common Reasons a Will Might Be Contested

Challenges must have valid legal grounds, not just dissatisfaction with asset distribution. Common reasons include:

• Improper execution: The will was not signed or witnessed according to state law.
• Lack of capacity: The deceased was mentally incapacitated due to intoxication or illness and did not understand their assets or heirs at the time of signing.
• Undue influence: Someone coerced the testator into making decisions against their free will. An example would be a relative manipulating the deceased to favor them.
• Fraud: The testator was misled about the nature of the document they signed or perhaps documents were falsified.

Only individuals named in the will or who would inherit if it were invalid can contest it.

After Probate

Once a will has passed probate, assets are distributed, debts and taxes are paid, and the estate is closed. Challenging a will at this stage is difficult because the estate’s assets may no longer be available, and legal deadlines may have passed.

An estate can sometimes be reopened if new information surfaces. An example would be newly discovered heirs. Occasionally, previously unknown heirs come forward after probate. They may be entitled to a share of the estate under state inheritance laws. Courts may reopen the estate to include these heirs, which can alter distributions.

Clerical or procedural errors may also be a reason. Errors in the probate process itself, such as mistakes in filing, notifications, or asset distribution, can sometimes give grounds to challenge a will after probate. While rare, courts may correct such errors to ensure the estate is handled properly.

In such cases, the court may adjust distributions according to the will’s terms, but overturning the will entirely is uncommon unless the will is deemed invalid.

It is possible that a more recent will could also be discovered. Sometimes a previously unknown will surfaces after probate has closed. If it is properly executed and more recent than the probated will, it may override the earlier version. Courts may need to reopen the estate to honor the new document.

Seek Legal Help

Challenging a will is typically done early in the process. It can be done later on, but it can be complicated and time-consuming.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. can speed up the process and help you understand your options. We can help with wills, trusts, probate and estate administration disputes. To schedule a consultation, call 954-764-4330 or fill out the online form.

Source:

trustandwill.com/learn/can-a-will-be-overturned-after-probate