What is the deadline for contesting a will in North Carolina? - Pennsylvania
The Short Answer
In Pennsylvania, a will contest is typically raised by appealing the Register of Wills’ decree admitting the will to probate. In most cases, the appeal deadline is within one year of the probate decree, but the court can shorten that deadline to three months in some situations.
What Pennsylvania Law Says
In Pennsylvania, the Register of Wills issues a decree when a will is admitted to probate. If you want to challenge that probate (for example, based on lack of capacity, undue influence, or improper execution), the challenge is commonly made through an appeal from the Register’s decree to the Orphans’ Court.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 908.
This statute provides that a party in interest may appeal a decree of the Register of Wills (including a decree admitting a will to probate) within one year, and it also allows the court—on petition—to limit the time for appeal to three months.
Related concept: Pennsylvania also states that probate is generally conclusive unless an appeal is taken as provided by Section 908 (or the probate record is amended in limited circumstances). See 20 Pa.C.S. § 3133.
Why You Should Speak with an Attorney
While the statute provides the general deadline, applying it to your situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: The default appeal period is one year, but the court can shorten it to three months under 20 Pa.C.S. § 908. Missing the applicable deadline can end the case before it starts.
- Burden of Proof: Will contests often turn on fact-intensive issues (capacity, undue influence, fraud, execution formalities) that require the right evidence and witnesses—early.
- Procedure and posture: Some disputes are raised before probate (for example, via a caveat) and others after probate (via appeal). Even a caveat has timing and bond rules that can affect your leverage. See 20 Pa.C.S. § 906.
Because the probate clock can run quickly and the court may shorten the appeal window, it is usually worth getting legal advice immediately to preserve your rights and avoid an avoidable dismissal.
If you want more background reading, you may find these helpful: disputes over who should serve as executor/administrator and how to confirm whether an estate is open and obtain probate filings.
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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.