What is the timeframe for contesting a will?
December 15, 2023
The duration within which a party can initiate a timely will contest is determined by the state’s statute of limitations. In New Jersey, the clock typically starts ticking from the date the will is filed for probate. Failing to object to the probate application allows a narrow window of four months (or six months for out-of-state residents) to file a suit contesting the will. After probate closure, there’s an extended period of up to one year to reopen probate for contesting, usually reserved for extraordinary circumstances, such as the discovery of a more recent will. In New York, a will contest must be filed upon receiving notice from the court that the will is undergoing probate, with the court-specified date being crucial.
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