Will Contest Deadlines by State
A will contest is a formal challenge to a will filed in probate court. People usually contest a will because they believe the person who made it lacked mental capacity, was pressured by someone else, or did not sign it with the formalities the law requires, or because a later will exists. State law sets a firm deadline for bringing that challenge, and a contest filed late is usually dismissed no matter how strong it is.
47 states and DC compared. Last checked .
At a glance
- Deadline to contest: range
- 1 month to 48 months
- Across the 42 jurisdictions with a single statewide figure.
- No-contest clauses enforced
- 27 of 28
- States and DC where the answer is yes or yes in some cases.
Compare will contest deadlines
Each state sets its own time limit and its own starting point. In some states the clock starts when the will is admitted to probate. In others it starts when interested persons receive notice, or when the court issues a specific order. States also differ on whether a no-contest clause in the will can take away a gift from a beneficiary who challenges it. This guide compares those rules and links each one to its statute.
48 of 48 shown
| Clock starts | Sources | |||
|---|---|---|---|---|
| ALAlabama | 180 days | Admission of the will to probate | Not listed | |
| AKAlaska | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| AZArizona | 12 months (or 2 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| ARArkansas | 3 months | First publication of notice of admission to probateSomeone given notice of the probate hearing must object at or before that hearing. | Not listed | |
| CACalifornia | 120 days | Admission of the will to probate | Only against direct contests without probable cause | |
| COColorado | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| CTConnecticut | 30 days (appeal of probate decree) | Probate Court sends the order or decreeCounted from the later of the mailing date or electronic service date. | Not listed | |
| DEDelaware | 6 months | Entry of the order of probate | Yes, with exceptions | |
| DCDistrict of Columbia | 6 months | Published notice of personal representative's appointment | Not listed | |
| FLFlorida | 3 months | Service of the notice of administrationRuns from service of the notice on the person objecting. | No, not enforceable | |
| GAGeorgia | 4 years | Order admitting the will to probate in common form | Only if the will directs where the gift goes | |
| HIHawaii | Earlier of 90 days after notice or 12 months | Notice of, or entry of, informal probateThe earliest of the listed deadlines applies. | Yes, unless probable cause existed | |
| IDIdaho | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| ILIllinois | 6 months | Admission of the will to probateFailure to mail a copy of the petition to an heir or legatee does not extend the deadline. | Not listed | |
| INIndiana | 3 months | Order admitting the will to probate | Yes, except for good cause and other listed cases | |
| IAIowa | 4 months (or 1 month after mailed notice, if later) | Second publication of notice of admission of the will | Not listed | |
| KYKentucky | 2 years | District court decision admitting or rejecting the will | Not listed | |
| MEMaine | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| MDMaryland | 6 months | First appointment of a personal representative | Yes, unless probable cause existed | |
| MAMassachusetts | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Not listed | |
| MIMichigan | Not listed | Not listed | Yes, unless probable cause existed | |
| MNMinnesota | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| MSMississippi | 2 years | Probate of the will without notice | Not listed | |
| MOMissouri | 6 months | Probate or rejection, or first notice of letters, if laterWhichever is later: probate or rejection of the will, or first publication of notice of letters. | Not listed | |
| MTMontana | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| NENebraska | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| NVNevada | 3 months | Order admitting the will to probate | Yes, with exceptions | |
| NHNew Hampshire | 6 months | Probate of the will without notice (common form) | Not listed | |
| NJNew Jersey | Not listed | Not listed | Yes, unless probable cause existed | |
| NMNew Mexico | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| NYNew York | By the return date of the probate citation | Return day of the probate citationOr a later date set by the court. | Yes, with safe harbors | |
| NCNorth Carolina | 3 years | Probate of the will in common form | Not listed | |
| NDNorth Dakota | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| OHOhio | 3 months | Filing of the certificate of notice of probateThe clock runs from the filing of the certificate described in R.C. 2107.19(A)(3) showing notice of the will's admission to probate. | Not listed | |
| OKOklahoma | 3 months | Admission of the will to probate | Not listed | |
| OROregon | 4 months | Mailing of probate information, or published noticeRuns from delivery or mailing of the ORS 113.145 information, or from publication of notice for people not required to be named in the petition. | Yes, with exceptions | |
| PAPennsylvania | 1 year | Register of wills' decree admitting the will | Yes, unless probable cause existed | |
| RIRhode Island | 20 days (appeal of probate decree) | Execution of the probate court's order or decreeApplies to appeals from probate court orders or decrees generally, including a decree admitting a will. | Not listed | |
| SCSouth Carolina | 8 months (or 1 year after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| SDSouth Dakota | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| TNTennessee | 2 years | Entry of the order admitting the will to probate | Not listed | |
| TXTexas | 2 years | Admission of the will to probateFor forgery or fraud, the date the forgery or fraud was discovered. | Yes, unless just cause and good faith | |
| UTUtah | 12 months (or 3 years after death, if later) | Informal probate of the will (or date of death, if later) | Yes, unless probable cause existed | |
| VAVirginia | 1 year | Entry of the order admitting the will to probateRuns from the court's order, or from the clerk's order if no appeal was taken. | Not listed | |
| WAWashington | 4 months | Probate of the will | Not listed | |
| WVWest Virginia | 6 months | Order admitting the will to probateRuns from the county commission's order, or from the circuit court's order if there was an appeal. | Not listed | |
| WIWisconsin | Not listed | Not listed | Yes, unless probable cause existed | |
| WYWyoming | 3 months | First publication of the notice of probate | Not listed |
Kansas, Louisiana and Vermont are not listed because we could not confirm the current rule from the statute text.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
Deadlines for will contests are often short and strictly applied. Knowing exactly which event starts the clock in the state where the will is probated, such as the date of admission, the date notice was mailed, or the date of publication, matters as much as knowing the length of the period.
Only people with a legal stake in the estate can usually contest a will, such as heirs who would inherit without the will or beneficiaries named in an earlier will. A contest also needs a recognized legal ground. Being disappointed with the amount left to you is generally not enough on its own.
A no-contest clause (also called an in terrorem clause) says a beneficiary who challenges the will loses their gift. Whether such a clause is enforced, and whether there is an exception for challenges brought with probable cause or in good faith, depends on state law. Anyone weighing a challenge, and anyone drafting a will, can check the state statute and may want to talk to a probate attorney.
Will Contest Deadlines: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kentucky
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently asked questions
What happens if you miss the deadline to contest a will?
A will contest filed after the statutory deadline is generally barred, and the will stands as admitted. Some states recognize narrow exceptions, for example for fraud that was hidden or for people who never received required notice, so the state statute is the place to check.
When does the time to contest a will start?
It depends on the state. Common starting points are the date the will is admitted to probate, the date notice of the probate or of administration is served or published, or the date of a specific court order. The rule for each state is shown in the table.
Who can contest a will?
Generally, only an interested person can contest a will, meaning someone whose inheritance would change if the will were set aside. This usually includes heirs under the state's intestacy rules and beneficiaries named in an earlier will.
What is a no-contest clause?
A no-contest clause, or in terrorem clause, is a provision in a will stating that a beneficiary who challenges the will forfeits what they would have received. States treat these clauses differently: many enforce them unless the challenge had probable cause or falls within another listed exception, at least one refuses to enforce them at all, and some have no statute on the point.
Is the deadline to contest a will the same as the deadline for creditor claims?
No. Creditor claim deadlines govern when people owed money by the estate must file their claims. Will contest deadlines govern challenges to the validity of the will itself. The two periods are set by different statutes and can run on different schedules.
Which states have the highest and lowest deadline to contest?
Among the 42 jurisdictions with a single statewide figure, deadline to contest ranges from 1 month (Connecticut) to 48 months (Georgia). The most common figure is 12 months (15 jurisdictions). Check each state's page for exceptions.