Statute of Limitations for Contesting a Will in Pennsylvania

By Renee Booker
Statute of Limitations for Contesting a Will in Pennsylvania

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A will contest in Pennsylvania can take two basic forms. The first requires the contestant to file a caveat with the Register of Wills before the will enters probate. The second is an appeal from probate.

Probate

When someone dies in Pennsylvania, the will must be probated. The probate process is a court process. All assets are inventoried and all debts and taxes paid before the remaining property is distributed to the beneficiaries of the will.

Caveat

If a potential beneficiary wishes to contest the will before it enters probate, she must file a caveat with the Register of Wills before the will has been accepted for probate. If the caveat is filed in a timely fashion, the contestant is granted a hearing before the Register prior to the will entering probate.

Appeal from Probate

If the will has already been accepted for probate, the contestant must wait until the probate procedure terminates. At that point, the contestant may file an appeal from probate up to one year after the decision in the probate court.

About the Author

Renee Booker has been writing professionally since 2009 and was a practicing attorney for almost 10 years. She has had work published on Gadling, AOL's travel site. Booker holds a Bachelor of Arts in political science from Ohio State University and a Juris Doctorate from Indiana University School of Law.

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