By Byrd Garrett PLLC
Not just anyone may challenge the validity of a Will. Though state laws differ slightly, all require that you be related to the Will in some manner. Typically, you must be able to show that you would have received more from the decedent, if he or she had died without a Will; or if he or she wrote an earlier Will that left you more than the current Will.
A Will doesn’t become effective until the person who wrote it—the testator—dies. So, this means that you must wait until the testator dies and, usually, until the Will is filed with the probate court. You must also file the challenge within the probate timeline established by state law. Though this timeline differs significantly depending on the circumstances of the case and the state, you must file the Will challenge within the timeline or your challenge will be dismissed.