What Happens if a Will is Contested in Missouri Probate Court

When a will is contested in Missouri probate court, it can lead to a complex legal battle that can significantly delay the distribution of the deceased's assets. Understanding the process and potential outcomes is crucial for those involved.

In Missouri, a will contest refers to a legal challenge against the validity of a will. Such contests typically arise on grounds such as lack of testamentary capacity, undue influence, improper execution, or fraud. When a party, often an heir or someone who would inherit under intestacy laws, believes that the will does not accurately reflect the deceased’s wishes, they may file a petition to contest the will.

The first step in contesting a will in Missouri is to file a petition with the probate court. This petition should include the grounds for contesting the will and any supporting evidence. The court may then schedule a hearing where both parties can present their arguments. It's important to act promptly, as Missouri law imposes strict time limits for filing a will contest.

During the hearing, both sides will have the opportunity to present testimony, submit documents, and call witnesses. Evidence may include medical records to demonstrate the testator's mental capacity at the time the will was executed, or testimonies from individuals who interacted with the testator regarding their intentions. The court will evaluate this evidence to determine if the will is valid.

If the court finds the will to be valid, it will be admitted to probate, and the estate will be administered according to its terms. Conversely, if the court finds the will invalid, the estate may be distributed according to an earlier valid will or according to Missouri's intestacy laws, which dictate the distribution of assets without a will.

It's worth noting that will contests can be time-consuming and expensive. Legal fees and court costs can quickly accumulate, impacting the estate’s overall value. Additionally, family relationships may suffer due to the adversarial nature of the proceedings.

Parties considering a will contest should consult with an experienced probate attorney in Missouri. An attorney can provide guidance on the chances of success based on the specifics of the case, assist with the legal process, and help navigate any disputes that arise.

Ultimately, contests can prolong the probate process, making it essential for heirs and beneficiaries to approach the situation with a clear strategy and realistic expectations. Whether to contest a will or not is a significant decision that should be made with careful consideration.