Contesting a will in Georgia is very possible, but it is highly complicated. Probate courts do not take will contests lightly, and will often view them with great scrutiny. Courts usually presume that a will is valid and reflect the intentions of the person who signed it. Trying to allege that the will is invalid in some way will be looked at carefully. With the right legal assistance, however, you can contest a will and follow the complicated legal process it takes to get there.
At DeLorme, Hamilton, Raulston, PLLC, our Georgia estate planning lawyers are here to help you. If you need to challenge a will, we’re ready to help you with that challenge. Get in touch today to learn more.
Who Can Contest a Will in Georgia?
Only individuals with legal standing can challenge a will. This includes:
- Heirs who would inherit if the will were invalid
- Beneficiaries named in a prior will
- Individuals named in the current will whose interests are affected
- Creditors in limited circumstances
If you would not gain or lose anything based on the outcome, you cannot file a contest. An estate planning attorney can help you determine if you are allowed to contest a will.
Valid Legal Grounds for Contesting a Will
Georgia courts will not overturn a will simply because someone feels it is unfair. You must prove one of the legally recognized grounds:
1. Lack of Testamentary Capacity
The person signing the will must understand:
- They are making a will
- What property they own
- Who their natural heirs are
- How the will distributes their property
If the person was dealing with dementia or was otherwise unable to make sound decisions, you may be able to challenge the will.
2. Undue Influence
Undue influence occurs when someone pressures, manipulates, or coerces the testator into signing a will that does not reflect their true wishes. Common indicators include:
- A beneficiary isolating the testator
- Sudden changes to long-standing estate plans
- A will that heavily favors one person without explanation
- A vulnerable testator dependent on the influencer
3. Fraud
Fraud usually involves tricking the testator into signing something they didn’t understand. It may instead be telling them they’re signing one thing but really they’re signing something else.
4. Duress
Duress involves intimidation or threats to coerce the testator to do a new will.
5. Improper Execution
Georgia requires specific formalities for a valid will:
- The testator must sign the will
- Two competent witnesses must sign
- Witnesses must sign in the presence of the testator
6. Revocation
A will can be revoked by a later will, physical destruction, or certain life events. If evidence shows the testator revoked the will, it cannot be probated.
Deadlines for Contesting a Will in Georgia
Missing a deadline can permanently bar your claim.
- Before Probate is Granted: You may file a caveat (objection) as soon as the petition to probate the will is filed.
- After Probate in Common Form: You generally have four years to contest the will.
- After Probate in Solemn Form: You must contest before the will is admitted. Once admitted, the order is binding on all parties who received notice.
Because probate in solemn form provides finality, most will contests occur early, often immediately after the executor files the petition.
What the Will Contest Process Looks Like
Contesting a will in Georgia follows a structured litigation path:
1. Filing a Caveat
You submit a formal objection to the probate court stating the grounds for contest.
2. Discovery Phase
Both sides gather evidence, which may include:
- Medical records
- Witness testimony
- Financial documents
- Emails, letters, or texts
- Expert evaluations
This phase often determines the strength of the case.
3. Mediation or Negotiation
Many disputes settle before trial. Parties may agree to modify distributions or reach a compromise.
4. Probate Court Hearing or Trial
If no settlement occurs, the probate judge hears evidence and decides whether the will is valid. In some cases, the matter may be transferred to superior court for a jury trial.
5. Final Order
The court either:
- Upholds the will
- Invalidates the will
- Invalidates part of the will
- Reverts the estate to intestate succession
- Admits a prior will instead
Get Help with Will Contests in Georgia
A will contest is no easy thing, but it can be the right thing to do. If you have issues with the will or believe it does not reflect the true wishes of the deceased, there are things you can do about it. Having a skilled lawyer guide you through the process is critical to your chance of success.
Our team at DeLorme, Hamilton, Raulston, PLLC can help with your legal needs. Contact us today for a consultation.