How to Contest a Will in Pennsylvania
Wills are designed to distribute property in a way in which the deceased person stated in their will and last testament. Wills that are properly drafted without undue influence, fraud or mental incapacity of the drafter are generally found to be valid and can be very hard to successfully contest. If you intend to contest the will just because you believe you should have received a greater share of the estate, you will likely be unsuccessful as the court will only have the written document from which to discern the intentions of the deceased.
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Instructions
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Hire an attorney to help you contest the will. Because the grounds for contesting a will are very specific, it is best to hire an attorney who is well-versed in estate law so your challenge will be well-received by the court. To find an attorney who can help you contest a will in your area, ask your friends or personal attorney for a referral or contact the Pennsylvania Bar Association. If you intend to proceed without an attorney, carefully review all Pennsylvania laws and the rules of will construction and civil procedure.
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Determine the grounds on which you intend to contest the will in question. In Pennsylvania, valid grounds for challenging a will include fraud, failure to follow probate formalities, lack of capacity for the person who drafted the will and undue influence. If the reasons for contesting the will are not covered under Pennsylvania law, you will not be successful in contesting the will.
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File a written objection to the will with the local register of wills in your area who is in possession of the will you intend to challenge. Your written objection must comply with all court rules, so be sure to study the Pennsylvania rules of civil procedure as well as the applicable local rules. After your objection is filed, you will receive a date at which you will need to appear before the register of wills to argue your position.
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If required by the court, pay any bond or surety that is necessary to contest the will. Bonds or sureties may be required to pay any fees levied against you if your challenge to the will is unsuccessful. Failure to pay the bond or surety may result in the forfeiture of your claim.
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Appear before the register of wills to argue your position as to why the will should be altered. Other interested parties may also appear at the hearing to give testimony as to why the will is valid and matters should proceed regularly. If you are unsuccessful at contesting the will before the register of wills, you may appeal the decision and argue your point again in front of the Pennsylvania Orphan's Court.
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Tips & Warnings
You must have standing, or a financial interest in the outcome of the probate process, to contest a will in Pennsylvania.
Your time to contest a will is very short as estates are often settled quickly. Hiring an attorney will make the entire process much easier.
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