How Long Do You Have to Contest a Will in Ohio?
Losing a loved one is difficult enough without the added strain of legal uncertainty. When questions arise about the validity of a will, the situation can become even more emotionally and financially stressful.
At the Law Offices of DuPont and Blumenstiel, located in Dublin, Ohio, we offer experienced guidance to individuals and families who are working through the probate process or facing potential will contests.
Here, we will discuss the time limits for contesting a will in Ohio, the grounds upon which a will may be challenged, who has standing to file a contest, and the steps involved in initiating a will contest in probate court.
What Is a Will Contest?
A will contest is a legal challenge to the validity of a last will and testament. The person filing the contest believes that the will does not accurately reflect the true intentions of the deceased or was created under improper circumstances.
Because a valid will dictates how a person’s assets are distributed after death, disputes over its legitimacy can have far-reaching consequences. In Ohio, will contests are resolved in probate court, where a judge examines the evidence and determines whether the will should be upheld or set aside.
Time Limits: The Statute of Limitations for Will Contests in Ohio
Ohio law sets a strict deadline for filing a will contest. This deadline is codified in Ohio Revised Code § 2107.76, and it requires that a will contest must be initiated within three months after the executor files a certificate of notice with the probate court, confirming that all interested parties have been notified of the will’s admission to probate.
Key Points About the Time Limit
The time limit does not begin when the testator dies, but rather when the will is admitted to probate and notice is formally given to interested parties.
The notice must be delivered in person or by certified mail to all individuals who would be entitled to inherit under Ohio intestate succession laws if there were no will.
Once the executor files the certificate of notice with the probate court, the three-month deadline to file a will contest begins.
If you weren’t given proper notice, you may have grounds to challenge the timeliness or validity of the probate proceedings.
It’s essential to act quickly if you suspect that a will may be invalid. Missing this three-month window generally results in losing the right to challenge the will entirely.
Who Can Contest a Will in Ohio?
Not just anyone can challenge a will. Under Ohio law, only certain individuals have legal standing—the right to bring a legal challenge to the will.
Individuals Who May Have Standing Include:
Individuals who would inherit under a previous version of the will or under intestate succession laws.
Heirs-at-law, such as children, spouses, or siblings, who are disinherited or receive significantly less than expected.
Beneficiaries of the current will or previous wills who believe the newer version was created under suspicious circumstances.
Standing must be established before the court will consider the merits of the case. Without standing, the will contest will be dismissed, regardless of how compelling the claims may seem.
Understanding who has the right to file helps make sure that only those with a legitimate interest are able to challenge the distribution of the estate.
Grounds for Contesting a Will in Ohio
A person contesting a will must show that the will is invalid for one or more legally recognized reasons. Ohio courts do not overturn wills lightly; the burden of proof rests with the person challenging the will.
Common Grounds for Contesting a Will Include:
Lack of testamentary capacity: The testator did not understand the nature of creating a will, the extent of their property, or who should logically be their beneficiaries.
Undue influence: Someone pressured the testator into signing the will through manipulation, threats, or abuse of a trusted relationship.
Fraud or forgery: The will was signed under false pretenses, or the signature or contents of the document were fabricated or altered.
Improper execution: The will was not signed and witnessed in accordance with Ohio’s legal requirements under § 2107.03 of the Ohio Revised Code.
Revocation: A newer will or legal action revoked the contested will, rendering it invalid.
Each of these claims must be supported by evidence and may involve testimony from medical professionals, handwriting experts, or individuals familiar with the testator’s circumstances.
Once these grounds are established, the court will examine the evidence and determine whether to invalidate the will in whole or in part.
The Process of Contesting a Will in Ohio
If you believe you have standing and grounds to contest a will, it’s important to understand the process. Filing a contest involves multiple legal steps and deadlines.
Steps Involved in a Will Contest:
Consult with a probate litigation attorney. Legal counsel is essential to evaluate your case, gather necessary documentation, and file the appropriate paperwork.
File a complaint with the probate court. This complaint must clearly state the reasons the will is invalid and should be filed within the three-month statutory period.
Serve notice to all interested parties. This includes heirs, beneficiaries, and the estate’s executor, who may choose to contest the complaint.
Engage in discovery. This phase allows both sides to gather evidence, take depositions, and review relevant documents.
Participate in pretrial proceedings. The court may hold conferences to encourage settlement or rule on preliminary legal issues.
Proceed to trial if necessary. If no settlement is reached, the court will hear arguments and issue a ruling on the will’s validity.
Will contests can become complicated and emotionally charged, especially when family dynamics are strained. Having a qualified attorney by your side is vital to work through this process effectively.
Following these steps with diligence and professional guidance can significantly increase your chances of a favorable outcome in court.
What Happens if a Will Is Invalidated?
If the court determines that the will is invalid, it may take one of several actions depending on the circumstances:
The court may revert to a prior valid will, if one exists.
If no prior will is available, the estate may be distributed according to Ohio’s intestacy laws, which prioritize spouses, children, and other close relatives.
In some cases, only specific provisions of the will may be struck down, with the remainder left intact.
The invalidation of a will can have serious implications for the distribution of assets and the legal responsibilities of the estate’s executor.
Understanding the consequences of a successful will contest can help litigants evaluate the risks and benefits of proceeding with a legal challenge.
Preventing Will Contests: Tips for Testators and Families
While will contests cannot always be avoided, certain proactive steps can help reduce the risk of disputes after death.
Best Practices to Help Prevent Will Contests:
Make sure the will is properly executed with the required number of witnesses.
Work with an experienced estate planning attorney who can confirm compliance with all legal requirements.
Include a no-contest clause that discourages frivolous challenges by penalizing beneficiaries who contest the will and lose.
Use video recordings or written statements to document the testator’s intentions and mental capacity.
Update the will regularly to reflect changes in family, finances, or relationships.
These strategies not only reduce the likelihood of future disputes but also confirm that your wishes are clearly communicated and legally enforceable.
The Law Offices of DuPont and Blumenstiel Can Help
At the Law Offices of DuPont and Blumenstiel, we are committed to providing strategic counsel and skilled representation for clients involved in will contests and other probate matters across Central Ohio.
Our attorneys bring a combination of legal knowledge, courtroom experience, and compassionate advocacy to every case. We can assist with:
Assessing your legal standing and case viability.
Filing a timely and properly structured will contest.
Negotiating settlements and pursuing mediation when appropriate.
Representing you at trial if litigation is necessary.
Whether you’re seeking to challenge a will or defend one against a contest, we are here to protect your rights and your loved one’s legacy.
If you believe a will does not reflect your loved one’s true wishes or that it was executed under questionable circumstances, act fast. Contact the Law Offices of DuPont and Blumenstiel in Dublin, Ohio, today.
We serve clients throughout Central Ohio, including Columbus, Dublin, and Franklin County, London and Madison County, Marysville and Union County, Delaware and Delaware County, and Newark and Licking County.