A will contest is where someone passes away with multiple Wills. In other words, there are more than one version of the Will and multiple parties are claiming that their version of the Will is the most valid and/or accurate one.
In Ohio, not just anyone can contest a will. You must have proper standing, otherwise the authority to bring a lawsuit. As it relates to probate litigation, standing means someone who has a financial stake in whether or not probate court admits the will.
Typically, the probate court allows three-month’ time, after the will is submitted to the probate court, to contest it.
When a will contest is filed, the probate process comes to a halt. The will contest will then be litigated before the probate court will permit the distribution of any assets from the estate.
If the will contest is successful, the terms of the will admitted to probate are no longer valid and the probate court will reassess the situation and proceed and how they proceed depends on whether the decedent’s will be invalid or if they had created a new, or more recent will therefore annulling the contested will.
If you have questions about the contesting a will you can schedule a consultation with a member of our probate team. Just call (740)346-2899.