How Can I Contest a Will in North Carolina? - Pennsylvania
The Short Answer
In Pennsylvania, you can contest a will, but you generally must act quickly and you need legally recognized grounds (such as lack of proper execution, lack of capacity, undue influence, fraud, or forgery). Will contests are handled through the Register of Wills and/or the Orphans’ Court, and missing a deadline or failing to plead the right facts can end the case before it starts.
What Pennsylvania Law Says
Most will contests come down to whether the document should be treated as the decedent’s valid will and, if so, whether it reflects the decedent’s true intent. Pennsylvania law sets rules for how a will is proved for probate, and those proof requirements often become the first battleground in a contest—especially when witnesses are unavailable, the signature is disputed, or the execution circumstances are questionable.
The Statute
The primary law governing how a will is proved for probate is 20 Pa.C.S. § 3132.
This statute establishes that wills are proved through witness oaths/affirmations and sets preferences for the type of proof required depending on how the will was signed (including rules about subscribing witnesses and proof of signatures).
If your concern is that the will contains a “no-contest” (penalty) clause, Pennsylvania also limits when those clauses can be enforced. See 20 Pa.C.S. § 2521 (penalty clause unenforceable if probable cause exists for the contest).
For more detail on common grounds and proof issues, you may also want to read: Can someone contest a will after it’s been filed for probate in Pennsylvania? and What evidence can prove undue influence or lack of capacity in a Pennsylvania will contest?.
Why You Should Speak with an Attorney
While the statutes provide the general framework, applying them to your situation is rarely simple. Will contests often turn on technical proof rules, shifting burdens, and whether the court believes the evidence is strong enough to set aside a will.
- Strict Deadlines: In many cases, the window to challenge a probate decree is limited, and delay can reduce your options. (For example, Pennsylvania law provides an appeal period from a Register of Wills decree, and courts can shorten the time in some circumstances.)
- Burden of Proof: Even when something feels “wrong,” the contestant typically must produce compelling evidence for claims like undue influence, lack of capacity, fraud, or forgery—and the burden can shift depending on what is proven.
- Exceptions and Risk of Penalty Clauses: If the will includes a no-contest clause, you need a careful legal analysis of whether you have “probable cause” so you do not accidentally trigger forfeiture issues under 20 Pa.C.S. § 2521.
Trying to handle this alone can lead to procedural missteps, weak pleadings, or missed deadlines—any of which can result in dismissal even if your underlying concerns are valid.
Get Connected with a Pennsylvania Attorney
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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.