What Should I Anticipate When Contesting a Will?

The process of contesting a will can be both intricate and emotionally draining, involving not just legal issues, but also family matters. Whether you are contemplating contesting a will or are already involved in the process, knowing what to expect can help you navigate the complexities and make informed decisions.

This article provides an overview of the typical steps involved in contesting a will. 

1.      Initial Consultation

A consultation with an attorney is an opportunity to discuss your concerns, delve into the specifics of the situation, and examine the grounds on which you are considering contesting the will.

At N.P. Weiss Law, our experienced attorneys are dedicated to providing comprehensive guidance during this initial consultation. We assess the viability of your case and offer strategic advice tailored to your situation.  

2.      Filing the Petition

If you wish to move forward after having a consultation with an attorney, the next step is to file a formal petition with the probate court. This petition will outline the reasons for contesting the will. It is essential that the petition is filed within the time limits established to avoid dismissal due to procedural issues.

At N.P. Weiss Law, our attorneys will work closely with you to draft a petition that thoroughly and accurately represents your case. Once the petition has been filed and served, the opposing party(s) can file responses and objections to your claim, potentially requiring you to provide counter responses.  

3.      Discovery Process

After your petition is filed and served, both parties will enter the discovery phase. This stage involves gathering and exchanging evidence relevant to the case. Each party has the right to request documents from the other side, including correspondence, medical records, financial records, and any other relevant documents. The discovery phase may also include depositions and interrogatories. Depositions are the oral questioning of witnesses under oath and interrogatories are written questions that one party sends to another.

Throughout this process, your attorney can provide assistance by managing document requests, preparing for and conducting depositions, and drafting and responding to interrogatories.

4.      Possible Mediation and Settlement

Before moving to trial, there may be opportunities for mediation or settlement. These processes can serve as alternatives to litigation and can allow parties to resolve their disputes outside of the courtroom.

This approach can lead to mutually agreeable solutions, helping to avoid the emotional and financial burdens of a trial.

5.      Court Hearings and Trial

If mediation or settlement negotiations do not result in a resolution, the case will move forward to trial. This is where both parties will present their evidence and arguments before a judge. After the trial, the court will issue a ruling on the will’s validity. If either party disagrees with the court’s decision, there is a possibility of appeal.

The process of contesting a will involves multiple stages, each with its own challenges. At N.P Weiss Law, we are committed to supporting clients through every step of the will contest process.