What happens if someone contests the will after I’ve filed it for probate? - Pennsylvania
The Short Answer
In Pennsylvania, a will can still be challenged after it has been filed and admitted to probate. Typically, the challenger must file an appeal from the Register of Wills’ probate decree to the Orphans’ Court, and the estate administration often continues while the dispute is pending.
What Pennsylvania Law Says
Most wills are admitted to probate through the county Register of Wills. If an interested person believes the will should not have been probated (for example, due to lack of capacity, undue influence, fraud, or a later will), Pennsylvania law allows a formal challenge through an appeal process to the Orphans’ Court.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 908.
This statute establishes that a party in interest may appeal a Register of Wills decree (including a decree admitting a will to probate) to the court within one year, and that an appeal generally does not suspend the powers or acts of the personal representative who has been granted letters.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: The appeal window is generally one year from the Register’s decree, and in some cases the court can shorten the time to three months. See 20 Pa.C.S. § 908(a).
- Burden of Proof: Will contests often turn on fact-intensive issues (capacity, undue influence, fraud, execution formalities) and the quality of evidence and witness testimony.
- Estate Administration Keeps Moving: Even if someone appeals, the executor’s authority usually continues and prior actions are generally not undone just because a contest is filed. See 20 Pa.C.S. § 908(c).
If you are the executor, a contest can expose you to personal risk if distributions are made at the wrong time, notices are mishandled, or the estate takes positions that increase litigation costs. If you are a beneficiary (or disinherited heir), missing the correct challenge window or filing the wrong type of proceeding can permanently limit your options.
If you want more background on common grounds and proof issues, see: evidence in a Pennsylvania will contest and the deadline to contest a will in Pennsylvania.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.