VA: Statute of Limitations on Will Contests

[Cotton Bones]

What is the name of your state (only U.S. law)? Virginia

Would like to know what the statues of limitations is for contesting a will.

Cotton Bones

 

[Cotton Bones]

What is the name of your state (only U.S. law)? Virginia

Would like to know what the statues of limitations is for contesting a will.

Cotton Bones

I guess asking this question during the holiday season was bad timing - so I want to bring this post back to the top;

Also, I want to be more specific - how long does heirs have to note to the court that a WILL will be contested,

and within what time period how long "within a time period" must the probate hearing take place, be it after the Testator passes away and/or a Will is filed with the probate officer - IOW, we may want to stretch out the Will Contest hearing as long as possible.

Would greatly appreciate this knowledge if any can answer.

Thanks.

 

[anteater]

You mean that you are getting involved in a will contest without an attorney (who can answer these questions)?

I could not quickly find the language in the Virginia statutes, but this is what a VA attorney's website says:

In such instances, there are 2 possible approaches to legal action to impeach the probated will.

An appeal of the clerk's order probating the will may be filed with the clerk within 6 months after the entry of the order of probate. Upon the filing of the appeal, the matter will be placed on the court's docket for hearing, usually in an expedited manner to avoid delay in the administration of the estate.

If the court has entered an order, either an order admitting the first will to probate, or an order on an appeal of the clerk's order of probate, a suit may be brought to impeach or establish a will within 1 year of the entry of the order admitting the first will to probate.

These filing periods are extended for minors and incapacitated persons during their incapacity, or persons who were not served personally and did not participate in the prior court proceeding admitting the first will to probate.

http://www.virginiaestatelaw.com/main/chapters/litigation/willcontest.shtml

 

[Cotton Bones]

You mean that you are getting involved in a will contest without an attorney (who can answer these questions)?

I could not quickly find the language in the Virginia statutes, but this is what a VA attorney's website says:



Probate and estate administration in Virginia - VirginiaEstateLaw.com - Contesting a Will

Thanks very much for the info and website!

No, none of us are intending on getting involved in a Will Contest without an attorney - The Testator has not passed away yet, and is in a retirement living community - we are just capturing some head knowledge before the testator passes away, and be better prepared when an attorney is consulted - if it is going to be my mother, (The Testator's daughter), to challenge the Will, she is interested in knowing how long she can put it off (IOW, she is not going to be in any hurry, but prefers to "prolong" it).

Many Thanks to you.

Cotton Bones.