Probate does not always proceed without disputes. A family member may discover a newer will, question a signature or find evidence that raises concerns about the document’s validity. In Georgia, an interested person may be able to challenge a will after probate begins. The available options depend on the stage of the case and whether the court has already approved the will.
What reasons can support a will contest?
A person may challenge a will if there are concerns about its validity. Common reasons include:
- A later will: A newly discovered document may raise questions about whether the deceased person replaced an earlier will.
- Forgery: Evidence may suggest that someone falsified the deceased person’s signature or changed the document.
- Undue influence: Someone may have pressured the deceased person into making or changing the will.
- Lack of mental capacity: The deceased person may not have understood what the will meant or how it would affect the estate.
A disagreement over how the deceased person distributed the estate does not automatically justify a challenge. The person contesting the will generally needs evidence to support the claim.
How the stage of probate affects a challenge
The timing of a dispute can affect the options available. Georgia recognizes two forms of probate: common form and solemn form. Probate in common form generally becomes conclusive after four years, subject to certain exceptions. Before that period ends, an interested person may have an opportunity to require the court to prove the will in solemn form.
Probate in solemn form requires notice to interested parties and gives them an opportunity to object before the court admits the will. If the court has already approved the will, the available options may depend on whether the person received proper notice and whether the relevant deadlines have passed. Acting promptly can help preserve the opportunity to challenge the will.
Understanding the options for a will dispute
An attorney can review the will, examine probate records and assess whether evidence supports a challenge. The attorney can also explain which court procedures may apply and whether any deadlines limit the available options. Seeking legal guidance early can help interested parties understand how to raise concerns before the probate process moves further along.