What Happens When a Will Is Contested in Probate Court?
Contesting a will can feel overwhelming. Fortunately, Alabama probate law supplies clear procedures for those who believe the document is invalid.
At Barnett Law Firm, I counsel Alabama families involved in will disputes. When you work with me, I take the time to explain everything clearly and honestly. If you're in Tuscaloosa, Alabama, or surrounding counties, including Tuscaloosa County, Walker County, Jefferson County, Bibb County, Hale County, Greene County, and Pickens County, call my firm to schedule a consultation.
Let me explain the legal steps, typical grounds, practical timelines, and courtroom strategies involved when a will is challenged. We'll also look at how probate law shapes each phase so heirs, beneficiaries, and personal representatives understand what lies ahead.
Filing the Will and Initial Notice
Under Alabama probate law, the personal representative files the original will in the county where the decedent resided. The probate judge then issues letters testamentary or letters of administration, depending on whether the estate proceeds under the will or intestacy. Interested parties receive formal notice by mail.
That notice triggers a statutory window—generally six months—during which anyone with standing may contest the will. Missing that period can bar objections entirely. I tell clients to review every probate law deadline the moment papers arrive because Alabama courts enforce those limits strictly.
Who Has Standing to Contest
Probate law grants standing to heirs at law, beneficiaries named in a prior will, creditors who claim prejudice, and sometimes spouses omitted under suspicious circumstances. A distant relative who would never take under any scenario lacks standing.
When I evaluate a potential contest, I start by tracing family lines and earlier instruments to confirm legal standing. Without it, a challenge fails before evidence even surfaces.
Common Grounds for Will Contests
Most disputes revolve around five allegations: lack of testamentary capacity, undue influence, fraud, improper execution, or revocation. Alabama probate law specifies each ground. Lack of capacity arises when the testator didn’t understand the natural objects of bounty, the nature of assets, or the disposition being made.
Undue influence occurs when another person substitutes their intent for the testator’s free choice. Fraud involves tricking the testator into signing something different from what was intended. Improper execution means the will lacks the two witness signatures or other statutory formalities under Ala. Code § 43‑8‑131.
Revocation claims assert that a later will or physical destruction nullified the submitted document. Every allegation must be pled in detail under probate law to survive early dismissal.
Evidence Collection and Discovery
Once a contest is filed, probate law allows broad discovery similar to other civil cases. I issue subpoenas for medical records, depose witnesses, and request drafts from the drafting attorney.
Capacity disputes often turn on medical charts, dementia diagnoses, and testimony from caregivers. Undue influence requires evidence of confidential relationships and suspicious circumstances, such as isolation of the testator or drastic changes benefiting a single caretaker. Alabama courts evaluate whether influence was active, dominant, and effective.
Proper preparation under probate law includes securing affidavits and arranging for handwriting experts if signature authenticity is questioned.
Mediation and Settlement Opportunities
Alabama judges encourage mediation before trial, and probate law doesn’t bar private compromise unless it violates public policy. I often settle contests by reallocating personal property, adjusting specific bequests, or funding a trust for disputed beneficiaries.
Settlements save legal fees and preserve family ties, yet any agreement must be approved by the probate judge to become part of the court record.
The Probate Trial
When settlement fails, the case proceeds to a bench trial—occasionally a jury if demanded under Ala. Code § 43‑8‑198. Probate law puts the burden of proof on the contestant. I present live testimony from witnesses to execution, treating physicians, and experts in geriatric psychiatry.
Cross‑examination focuses on the clarity of the testator’s mental state, routine financial habits, and the presence or absence of beneficiaries during will preparation.
For undue influence, I highlight evidence that the beneficiary participated in drafting, kept the will secret, or received an outsized share inconsistent with prior patterns. Alabama appellate courts require “overwhelming” proof of undue influence, so credible evidence is crucial.
The Judge’s Decision and Appeal Rights
After hearing evidence, the judge enters an order admitting or rejecting the will. Probate law allows an aggrieved party to appeal to the circuit court within 42 days. The circuit court reviews facts anew if a jury was waived or reviews legal errors if a jury ruled.
Further appeal lies with the Alabama Court of Civil Appeals or the Supreme Court of Alabama. Appeals extend administration and delay distribution, but sometimes a limited appeal preserves estate assets until final resolution.
Consequences for Personal Representatives
If the will is rejected, letters testamentary are revoked, and the court appoints a new administrator. Probate law imposes fiduciary duties requiring existing representatives to safeguard property until the transition occurs.
Failure to transfer records promptly can result in personal liability. I advise representatives to keep meticulous books, deposit funds in estate accounts, and seek court approval for all expenditures until contests conclude.
Attorney’s Fees and Costs
Alabama probate law permits the court to award attorney’s fees from the estate when a contest benefits the estate or when the will is upheld against a frivolous challenge.
Conversely, if a contestant prevails, the losing proponents may face individual liability for costs. Fee awards remain within judicial discretion, so I counsel clients on potential exposure before litigation begins.
Fraudulent or Forged Wills
In rare instances, a will may be completely forged. Under probate law, forgery can result in both civil penalties and criminal charges. Investigators examine factors such as ink age, paper type, and the authenticity of witnesses.
A forged document nullifies all gifts, and Alabama’s slayer statute disqualifies anyone who forged to obtain benefits. I work with forensic document examiners to build a clear record when forgery is suspected.
Effects on Beneficiaries During Litigation
During a pending contest, distributions are typically put on hold. Probate law permits advances only for purposes such as estate preservation, tax obligations, or statutory allowances for a surviving spouse and minor children.
Beneficiaries often feel frustrated, but court supervision prevents premature depletion of assets. I communicate regularly with clients about the estate’s financial status and expected timelines.
Statutes of Limitation and Late‑Filed Claims
Probate law enforces the six‑month window strictly, yet limited exceptions exist. If a minor heir lacked notice or if fraud concealed the existence of a later will, the judge may permit a late filing.
Even in such cases, the challenger must act within two years of probate. Failing to meet these deadlines typically forfeits the right to contest. I stress the importance of acting promptly and gathering evidence quickly to avoid missing critical timeframes.
Interaction with No‑Contest Clauses
Some wills include no‑contest or “in terrorem” clauses threatening forfeiture if a beneficiary challenges the document.
Alabama probate law views these clauses strictly. A beneficiary who contests in good faith and with probable cause may avoid forfeiture, but speculative or hostile challenges can trigger disinheritance. Before filing, I evaluate clause language, family dynamics, and the likelihood of proof to guide clients on risk.
Practical Trial Preparation Checklist
To prepare for your trial, you’ll need to take the following steps:
Review the petition and standing requirements under Ala. Code § 43‑8‑190
Gather medical and financial records covering the testator’s final three years
Identify and interview witnesses present during will drafting and execution
Retain qualified medical experts for capacity assessments when needed
File discovery requests and subpoenas early to avoid continuances
Analyze prior wills or codicils to reveal sudden beneficiary shifts
Prepare demonstrative exhibits—timelines, asset charts, and handwriting samples
Reach Out Today
At the Barnett Law Firm, I guide clients through each procedural step, marshal facts that satisfy statutory tests, and advocate fiercely in mediation or trial. I’m proud to serve Tuscaloosa, Alabama, and the surrounding areas, including Tuscaloosa County, Walker County, Jefferson County, Bibb County, Hale County, Greene County, and Pickens County. Call today to schedule a confidential consultation.