How Do I Contest a Will in Pennsylvania? | Pennsylvania Probate | FastCounsel
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How Do I Contest a Will in Pennsylvania?

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.

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.

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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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.