Detailed answer

1. Basic concepts: who can contest and why

Anyone with standing (usually an heir or someone who would receive less if the will/free-transfer stands) can challenge a transfer of assets after a person dies. Common grounds for contesting a will or transfer include:

• Testamentary incapacity (the decedent lacked mental capacity when they signed the will or change)
• Undue influence or coercion
• Fraud or forgery
• Improper execution (the will didn’t meet formal signing/witness requirements)

In Pennsylvania, the statutory rules that govern decedents’ estates and wills are in Title 20 of the Pennsylvania Consolidated Statutes. For an overview of those statutes, see: 20 Pa.C.S. — Decedents, Estates and Fiduciaries.

2. Preventive steps to reduce the chance a will or transfer will be successfully contested

Good planning makes contests harder and often less valuable for a challenger. Consider these options:

• Use clear beneficiary designations: Assets titled with beneficiary designations (payable-on-death bank accounts, TOD deeds, retirement accounts, life insurance) pass outside probate by straightforward contract rules. Make sure beneficiary forms are up to date and match your estate plan.
• Create trusts: A properly drafted trust (revocable or irrevocable, depending on goals) can hold assets outside of probate and create strong distribution instructions. An irrevocable trust is harder for an heir to reach once funding and formalities are complete.
• Joint ownership with right of survivorship: For some assets, adding a co-owner can cause the asset to pass immediately to the co-owner at death. This removes the asset from the probate estate, but it can create gift-tax, creditor, and control issues—talk to an attorney before using this tactic.
• Keep full, contemporaneous records: If the decedent executed a will or changed beneficiaries, contemporaneous notes, doctor records, and statements from witnesses can help defend against claims of incapacity or undue influence.
• Use a no-contest (in terrorem) clause carefully: Many wills include a clause that threatens to disinherit any person who contests the will. Pennsylvania courts may enforce these clauses in some circumstances, but enforcement can depend on the contest’s basis and procedural history. Include such a clause only after discussing risks with counsel.
• Obtain a capacity evaluation when appropriate: If there is any question about capacity before signing, a medical or neuropsychological evaluation near the signing date can deter later attacks.
• Regularly update your plan and coordinate documents: Make sure wills, trusts, beneficiary forms, and deeds align. Conflicting instructions create openings for disputes.

3. Practical steps after a death when a contest is possible

If you think a family member will contest an estate or you are named in a will that others may challenge, act quickly and thoughtfully:

• Get the will/copies to the Register of Wills: In Pennsylvania, wills are filed with the Register of Wills in the county where the decedent lived. The probate process begins at the county level. Find local probate/contact info on the county Register of Wills or at the Pennsylvania Courts site: Pennsylvania Courts.
• Preserve evidence: Save originals of the will, beneficiary forms, medical records, emails, phone records, and lists of witnesses. Document relevant interactions and dates.
• Talk to the executor or trustee: The appointed personal representative (executor) or trustee controls the probate or trust administration. They must act in fiduciary fashion for the estate or trust beneficiaries.
• Hire an attorney quickly: Contests often turn on narrow factual windows, witness interviews, and procedural deadlines. A lawyer experienced in Pennsylvania probate litigation can assess the strengths and weaknesses of a challenge and file or defend actions promptly.
• Consider alternative dispute resolution: Mediation or settlement often preserves more of the estate’s value than prolonged litigation. Many counties and courts encourage or require mediation in probate disputes.

4. What to expect in litigation

If a contest proceeds, expect a factual inquiry into the decedent’s capacity, the circumstances around the document signing, and any evidence of undue influence or fraud. Courts evaluate evidence such as medical records, witness testimony, handwriting/expert opinions, and contemporaneous documents. The litigation may involve discovery (written questions, depositions), expert testimony (medical or handwriting), and hearings.

5. Timing and deadlines

Deadlines and procedural rules for contests can vary. The probate process is county-based in Pennsylvania, and the timeframe to object to probate or to bring a claim can depend on when the will is presented to the Register of Wills and when the personal representative acts. Because timing is critical, consult local counsel right away to determine the exact deadlines and required filings in your county.

6. When other protections matter (creditors, divorce, taxes)

Even if a will survives a contest, creditors, divorce judgments, or tax liabilities can reduce the net inheritance. Trusts, spendthrift provisions, and proper titling can shield certain assets from creditors or future family law claims, but these approaches have limits and tax consequences. Discuss your goals with an estate attorney and a tax advisor.

7. When to bring in a lawyer

If you are a beneficiary or the proposed personal representative and you suspect or face a contest, contact an attorney who handles Pennsylvania probate and trust litigation. A lawyer can:

• Confirm standing and likely causes of action
• Advise on time-sensitive filings and evidentiary preservation
• Negotiate or mediate to avoid costly litigation
• Defend the estate/trust or bring an action to uphold the document

For an overview of the statutes governing wills and estates, see: 20 Pa.C.S. (Decedents, Estates and Fiduciaries). For probate procedures and county contacts, see the Pennsylvania Courts site: https://www.pacourts.us/.

Helpful Hints

• Review and update beneficiary designations after major life events (marriage, divorce, births, deaths).
• Keep an organized estate folder with original documents, contact info for advisors, and notes about conversations with the decedent.
• If a decedent’s mental capacity was in question, obtain medical records and, if available, assessments around the time documents were signed.
• Do not destroy or alter a will or labeled estate documents—even moving an original will can create dispute. Preserve the original if possible.
• If you are named executor, act impartially and document decisions; follow statutory duties in Title 20 when administering the estate.
• Consider mediation before litigating—settlement often saves time and estate assets.
• Ask about insurance: some estate litigation policies or personal liability coverage may assist personal representatives defending claims.