Whether or not a will can be challenged depends on whether or not an individual has standing. In order to have the standing necessary to challenge a will, it must be demonstrated that the individual would be entitled to a share of the deceased’s assets according to state law or the individual was included in a previous will.

As long as the statute of limitations has not expired, a will contest can be filed as a petition with the probate court. While this can be accomplished alone, will contests are far more likely to succeed if a trusts & estates attorney is retained.

How long it takes to contest a will depends on the way that the will is contested. If the will is contested with solid evidence and concise arguments it can take only a few weeks to receive a verdict. On the other hand, if the will at issue presents a complex problem that is not easily decided one way or the other, it can take months or even years to fully settle.

Depending on the attorney hired, hourly rates may range from a few hundred to thousands of dollars an hour. More complex contests will inherently take longer to resolve and subsequently will be more expensive to settle.