Disputes often arise during the process of probating a will. This is especially true when a person who thought they were going to inherit is left out of the will or the inheritance is different than what they were led to believe. If the decedent was unduly influenced or lacked testamentary capacity, this can be grounds for contesting the will. However, if you want to contest the validity of the will, you must make sure to do it within the proper time frame.

Who Can Contest a Will?

A person seeking to contest a will must have proper standing. This is called an interested party. An interested party is usually someone who either was going to inherit under a previous will or someone who would stand to inherit under the intestacy laws.

How Much Time Do I Have?

South Carolina has a limited time frame for which a person can contest a will. A person withstanding to contest the will must do so within eight months of the informal probate proceedings or one year after the decedent’s death, whichever date is later.

North Carolina allows a little more time to contest the will. A person withstanding to contest a will in North Carolina has three years after application of the will for probate.

As you can see, your time is limited to contest a will. If you think you have grounds to contest a will, do not hesitate to reach out to Henke, Williams & Boll to discuss your circumstances. Let us help determine if you have a case to contest the will.  Call (713) 940-4500 today to schedule a consultation.

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