Contesting a Will in Connecticut: Part 4 of 4 (Process and Procedure for Challenging a Will)

This is the final of four parts in a series of posts address will contests. These posts will focus on Connecticut law, however similar issues arise in New York and elsewhere.  Click for Part 1 (discussing undue influence) and Part 2 (lack of testamentary capacity), and Part 3 (failures to meet statutory requirements).

Aside from the complicated, substantive considerations associated with grounds for challenging a will, many individuals contact the firm after a loved one has passed away, with the obvious question: What now? What is the procedure for pursuing a will challenge?

The process for challenging a will is relatively straightforward. It starts with the filing of an “Objection” to admission of a will to probate.  The Objection must be filed in the Probate Court in which the will was initially submitted. As with the petition for probate itself, the Objection will need to be mailed to all interested parties, so they have the opportunity to participate in the will challenge process. Ordinarily, the Probate Judge handling the matter will schedule what amounts to an initial hearing, during which parties starting with the individual filing the will challenge will set forth their respective positions.

At the initial hearing, the Probate Court may create a schedule and deadlines for the parties to exchange discovery. This can include forms of document and deposition discovery. Following discovery there will be a further hearing for the Court to hear from both sides about what the evidence says about the stated grounds for the will challenge.

The above issues and procedures can be daunting for any individual who is not familiar with the probate system or Probate Courts (or in New York, the Surrogate’s Courts). Any individual with questions about a potential will challenge is well advised to retain experienced probate counsel. It is also important to remember that, as in many other disputes, there may be room for resolution or settlement in the context of a will challenge.

This content is provided as background and does not constitute legal advice.  The attorneys at our firm have many years of experience with probate issues. For more information or to schedule a free consultation, contact us at info@lalorattorneys.com / 646.818.9870.