Deadline for Contesting a Will in Connecticut — FAQ

Short answer: If a will has already been admitted to probate in Connecticut, you generally must file an appeal from the probate court’s decision to the Superior Court very quickly — typically within 20 days of the date of probate. If you act before the will is admitted, you can file a caveat in probate to stop or delay probate. Different procedures and time limits apply depending on when you learn about the will and the reasons you want to challenge it.

Detailed answer

This section explains the basic Connecticut procedures and timelines for contesting a will, the two common paths people use, and what triggers each deadline. This is an overview and not legal advice.

Two main routes to challenge a will in Connecticut

Before probate: file a caveat (to block or delay probate).

If you expect someone will try to probate a will and you believe the will is invalid (for example, due to fraud, lack of capacity, undue influence, or forgery), you can file a caveat in the probate court for the district where probate would occur. A caveat is a formal notice to the probate court that someone contests the admission of the will. Filing a caveat can prevent the court from admitting the will until the issue is resolved.
After probate: appeal the probate court’s decision to Superior Court.

If the probate court admits a will and you did not stop that admission beforehand (or you chose to challenge after admission), the usual route is to take an appeal from the probate court to the Connecticut Superior Court. Connecticut law imposes a short timeframe for that appeal. The statute that governs appeals from probate identifies the appeal period and related procedures; anyone who believes they are aggrieved by the probate court’s action should move quickly to preserve their rights.

Timing: why acting immediately matters

Probate litigation involves strict timing rules. If you wait too long to file a caveat or to appeal from probate, the probate court’s decision may become final and you will likely lose the ordinary route for contesting the will. Even if some narrow remedies remain (for example, a separate lawsuit for fraud or to set aside a transfer), missing the primary deadlines often makes a contest far more difficult and costly.

Where to find the law

Connecticut’s probate statutes and rules set out the procedures and deadlines. For general probate rules and how probate appeals work, see the Connecticut General Assembly website (statutes) and the Connecticut Judicial Branch probate pages:

Practical examples

Example A — You learn a relative executed a will and the estate is not yet probated: File a caveat at the probate court for the decedent’s residence to stop probate while you investigate the will’s validity.

Example B — The probate court has already admitted the will and you only learned about probate afterwards: You normally must appeal the probate court’s decision to the Superior Court within the short statutory appeal period (often counted in days from the date of probate). Missed deadlines can bar an ordinary will contest.

Who has standing to contest a will?

Not everyone can contest a will. Typically, only persons with a legally recognized interest (such as beneficiaries under a prior will, heirs who would inherit under intestacy, or someone who would receive property but was omitted) have standing. If you believe you have an interest, raise the issue promptly in probate court or with an attorney.

Common legal grounds to contest a will

Lack of testamentary capacity (the testator did not understand the nature of the act).
Undue influence (someone pressured the testator to make or change the will).
Fraud or forgery (the will was forged or induced by false statements).
Improper execution (the will was not signed or witnessed according to Connecticut formalities).

How to proceed — step by step

Act immediately after learning of the will or probate. Deadlines are short.
Contact the probate court where the will was (or will be) probated. Ask whether a caveat has been filed and how to obtain certified probate documents.
Consider filing a caveat if probate is pending or imminent.
If probate already occurred, consult an attorney about appealing to Superior Court and preserving evidence.
Collect and preserve medical records, documents, communications, and witnesses that relate to the testator’s capacity or possible undue influence.

Helpful Hints

Do not wait to learn more — short statutory periods often control these cases.
File a caveat if you suspect a will will be probated and you want to stop the process while you investigate.
Keep copies of the will, any prior wills, and communications about the testator’s intentions.
Obtain certified copies of probate filings from the probate court as soon as possible.
Be prepared to show you have legal standing to contest the will (for example, as an heir or a beneficiary under a prior instrument).
Contact a lawyer experienced in Connecticut probate matters right away — timing mistakes can be fatal to a claim.
If you cannot afford an attorney, ask the probate court or local legal aid organizations about low-cost or pro bono options.

Where to get official information

Start with the Connecticut Judicial Branch probate pages for local probate court contacts and filing forms: https://www.jud.ct.gov/probate/. For the statutes that govern probate practice and appeals, consult the Connecticut General Assembly website: https://www.cga.ct.gov/.

Disclaimer

This article provides general information about Connecticut probate practice and timing for will contests. It is not legal advice. Laws change and every situation is different. To protect your rights and get advice tailored to your circumstances, consult a licensed attorney in Connecticut as soon as possible.