Understanding Deadlines to Contest a Will in Arkansas
This FAQ explains, in plain language, how deadlines for contesting a will generally work under Arkansas law and what steps you should take if you think a will is invalid. This is educational information only and is not legal advice.
Detailed Answer
Short answer: There is no single uniform time limit that covers every will contest in Arkansas. The deadline you face depends on the stage of probate, how and whether you received notice, and the legal grounds you plan to use (for example, lack of capacity, undue influence, fraud, or improper execution). Because those variables matter, act quickly — do not assume you have years to wait.
Key points about timing and procedure
- Before a will is admitted to probate (pre-probate objections): An interested person can object before a court admits a will. Many people file a formal objection or a caveat as soon as they learn of the probate filing. Filing early preserves rights and evidence. If you want to prevent the will from being admitted, raise your objection immediately with the probate court handling the estate.
- After a will is admitted to probate (post-admission contests): If the court has already admitted the will, you can often challenge or move to set aside the probate by filing a petition in the probate court. Courts will look to local probate rules and statutes to determine if a challenge is timely. If you were given formal notice of the probate hearing or of the will’s admission, many courts expect you to act within a short period after that notice.
- Different legal theories can carry different deadlines: Claims based on undue influence, lack of testamentary capacity, forgery, or fraud can be pursued as part of a probate contest or as separate civil claims. The scheduling and applicable statutes of limitations for those civil actions may differ from probate deadlines. In practice, this means you should preserve your claim as soon as you can, because you may face different time limits depending on the legal route you choose.
- Notice matters: If you did not receive notice of the probate proceeding, some courts allow a later challenge once you learn of the probate. If you did receive timely notice, courts are less likely to allow delayed challenges unless you can show a compelling reason (for example, newly discovered evidence of fraud).
- Local rules and judge’s discretion: Probate procedure is handled at the county level by the probate division or circuit court in Arkansas. Judges have some discretion on timing issues and may apply equitable doctrines (like tolling) in narrow circumstances. That is why local counsel matters.
Where to look in Arkansas law
Arkansas handles wills, probate, and estate administration under Title 28 of the Arkansas Code (Estates and Trusts). For general statutes governing probate procedure and administration, see the Arkansas Code, Title 28: Arkansas Code — Title 28 (Estates & Trusts). Because procedural rules and timing can depend on specific provisions and local court practice, review the relevant parts of Title 28 and consult a probate attorney to determine the exact deadline that applies to your situation.
Practical example (hypothetical)
Hypothetical fact pattern: A decedent’s will is filed and admitted to probate. A close family member learns about the probate three months after admission. They believe the decedent lacked capacity when the will was signed and that a caregiver exerted undue influence.
What to do: The family member should immediately contact the probate court clerk to learn whether any statutory notice periods apply and then consult an Arkansas probate attorney without delay. The attorney can advise whether a timely pre-admission objection could have been filed, whether a late petition to set aside the probate is feasible, and whether separate civil claims (for fraud or undue influence) are available and timely.
Bottom line
Because Arkansas does not have a one-size-fits-all deadline for will contests, the safest course is immediate action. Preserve evidence, get copies of the will and probate filings, and consult a licensed Arkansas probate attorney right away. Delays can permanently bar your ability to challenge a will.
Helpful Hints
- Do not wait to act. Contact the probate court and an Arkansas probate attorney as soon as you suspect a problem.
- Obtain certified copies of the will and the probate paperwork from the county probate or circuit court clerk.
- Keep and document all evidence: medical records, care notes, communications with the testator, and any suspicious financial transactions.
- If you did not get notice of the probate, tell your attorney — lack of notice can affect deadlines and remedies.
- Ask whether you should file a pre-admission objection (to prevent admission) or a post-admission petition (to set aside the probate) — the strategy depends on timing and facts.
- Understand the difference between contesting a will in probate and suing separately for fraud or undue influence — both routes may be available but carry different timing rules.
- Work with an attorney who handles estate litigation in Arkansas. They can identify the precise statutory provisions and local procedures that affect your deadline.