Challenging The Will

Are you worried that a family member is going to be challenging the will?

There is a short time frame to initiate a challenge. In Ohio, an action to contest a will must be filed within 90 days from the date that a Certificate of Service of Notice of Probate of Will is filed with the probate court in the county where the decedent resided at the time of their death.

When someone begins a new matter in probate court, the individual must submit the names and addresses of all of the decedent’s next of kin. This includes the family members, surviving spouse, children, etc. These names must be submitted whether there is a will or not and whether these people are included in the will or not.

All of these people must either receive notice that the probate matter has begun or sign a document that they waive that notice. Then the person applying to be executor must file with the probate court a document certifying that all of these people have been given notice or have waived the notice. This document is called a Certificate of Notice of Probate of Will. Once that document is filed, someone has 90 calendar days to begin an action challenging the will.

It’s also important to talk about what happens when someone is successful in challenging the will. If the will is successfully challenged, the prior will be the document that disposes of the decedent’s assets. If there is no prior will, then the person’s assets will be distributed as if there were no will. So if someone’s will leaves everything equally to all of their heirs, their would be no point in challenging the will.

If you are worried about someone contesting the will, it is important to work with an experienced probate attorney. Contact me today.