Can a Will Be Contested After Probate?

A last will and testament may be contested during the probate process by anyone who has the legal grounds to do so. Although rare, there may be situations in which a will can be challenged after a decedent’s estate has been closed. Contesting a will after probate can be a challenging, time-consuming, and costly process involving litigation. Significantly, the ability to overturn a will after probate is very limited — and it’s essential to understand that there are strict legal requirements that must be met.

Is Contesting a Will After Probate Possible?

Contesting a will after probate can be extremely difficult. But in some cases, it can still be done as long as there is a valid reason. For example, if there is new evidence that was discovered, such as a later will that was executed after the one that was admitted to probate, it may be possible to raise a challenge.

A probate matter may also be reopened for the following reasons:

• New assets were discovered that were not previously distributed
• Evidence of fraud arose after probate was closed
• It can be shown that the will was forged
• The decedent was coerced into signing the will
• Duress was imposed on the decedent in executing the will
• The decedent did not have the mental capacity to execute the will
• An heir did not receive notice of the probate proceedings

If there is a valid reason for contesting a will after probate, it’s important to be aware that the time frame in which this must be done is not indefinite —the statute of limitations to contest a will is a very short window. A will contest must generally be raised within a year after being admitted to probate. However, a probate case can be reopened for good cause within 60 days of receiving notice that the proceedings have ended. For probate cases involving fraud, the court has two years from the petitioner’s discovery of the fraud or misrepresentation to modify, vacate, or amend an order. It’s critical to discuss the facts of your specific case with a probate attorney who can best advise you how much time you have to bring a challenge.

Who Can Contest a Will After Probate?

Only an “interested party” may contest a will — either during or after the probate process. Such parties are usually those who were close to the deceased and can include spouses, children, and heirs. However, creditors or anyone else who has a property right against the estate may also challenge a will. Those with legal standing can also include beneficiaries listed in a prior or subsequent will, and anyone who has a financial interest in the estate assets based on the validity of the will.

What is a Descent of Omitted Property?

Minnesota law accounts for the possibility that additional assets may be discovered after a decedent’s property has been administered by the probate court. If assets were found after probate was closed, a petition for descent of omitted property may be filed with the probate court. This can allow the court to revise a previous decree or order to allow for newly identified assets to be distributed without bringing a will contest. Any newly discovered assets or debts would then be distributed based on the decedent’s will or Minnesota intestacy law — and any taxes due must be paid.

Should You Contest a Will After Probate Has Been Closed?

After probate has been closed, it can be very difficult to overturn a will. Notably, you cannot bring a challenge simply because you do not like the outcome of how the court determined the decedent’s property should be administered. If you have reason to contest a loved one’s will, it’s best to do so during probate proceedings — after the matter has been closed, the assets that have been distributed may not be recoverable. You could also be barred by the statute of limitations.

You will need to meet a high burden of proof and provide compelling evidence to successfully contest a will once the estate has been closed. If you believe you have a valid reason for contesting a will after probate, it’s important to discuss the circumstances with a knowledgeable attorney who can evaluate your case and advise you regarding the pros and cons.

Contact an Experienced Minnesota Probate Litigation Attorney

If you are considering contesting a will after probate, it’s crucial to have a skillful attorney by your side. At Dave Burns Law Office, I provide trusted counsel for a wide range of probate and estate litigation matters. If you would like to discuss your case, I welcome you to contact me at (612) 677-8351 or by emailing dave@daveburnslaw.com. I represent clients throughout the Twin Cities metro area and am available to meet with clients in both Minneapolis and St. Paul.