Contesting a Will in Kentucky: The 6-Month Deadline

Last Will and Testament with fountain pen and house model

When a loved one passes away and you discover that their will does not reflect your expectations, you may experience shock and emotional pain. Sometimes, a family member may have legitimate reasons to contest the validity of a will. 

However, under Kentucky law, there are strict time limits as to when a will contest can be filed. Failure to file within these deadlines can bar your claim, no matter how strong it may be.

Understanding Kentucky’s six-month deadline is crucial if you are considering contesting a will. Read on to find out more. 

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What Does It Mean to Contest a Will?

To contest a will means to file a legal challenge arguing that the document admitted to probate was invalid, in part or in its entirety. It is not just expressing dissatisfaction with the distribution of assets. There must be sufficient, legally recognizable grounds for this action.

Common reasons to contest a will in Kentucky include:

  • The decedent lacked mental capacity at the time of signing the will.
  • The will was a product of undue influence or coercion.
  • The will was not properly executed under Kentucky law.
  • The will was forged or was fraudulently altered.

Only certain individuals, usually heirs at law or beneficiaries under a prior will, have legal standing to contest a will.

The 6-Month Deadline in Kentucky

Under Kentucky law, there is a six-month statute of limitations for contesting a will that has been admitted to probate. This deadline generally begins to run from the date the will is officially probated by the district court.

If a will contest is not filed within these six months, the probate order becomes final, and the will can no longer be contested – even with newly discovered evidence.

Since probate proceedings can move fast, those who wish to oppose the will must take action quickly once they receive notice that a will has been filed.

Why the Deadline is Strictly Enforced

Kentucky courts enforce the six-month deadline in order to ensure certainty and finality in estate administration. The executors and the beneficiaries must be able to rely on probate orders so that distribution of assets happens without indefinite risks of litigation.

Unlike some legal deadlines, this one cannot be extended because of hardship, lack of awareness, or continuing family disputes. Waiting too long can result in you permanently losing your legal options. 

Common Grounds for a Will Contest

If you want to successfully contest a will, you must prove one or more recognized legal grounds.

Lack of Testamentary Capacity

The person who makes the will must understand:

  • The nature of their property.
  • The natural objects of their bounty (family members).
  • The effect of signing the will.

A diagnosis of dementia alone is not sufficient to automatically invalidate a will, but it may serve as relevant evidence.

Undue Influence

Undue influence occurs when someone exerts excessive pressure that overcomes the testator’s free will. It is usually alleged when a caregiver or family member receives a benefit considered disproportionate.

Improper Execution

Wills in Kentucky must conform to certain formalities, one of which involves proper witnessing. Failure to comply could render a will invalid. 

What Happens If a Will Contest Is Successful?

If the court decides that the will is invalid, the following outcomes are possible:

  • A previously valid will could be reinstated. 
  • The estate could be distributed in accordance with Kentucky’s intestate succession laws. 
  • Some provisions of the will may be struck, but others may remain valid.

The outcome depends on the nature of the defect and available evidence.

Senior man signing Last Will and Testament

Why Legal Guidance is Important

Contesting wills is always complicated and will almost certainly be emotionally charged. Evidence generally includes medical records, witnesses, and detailed probate procedures. Not consulting an attorney could lead to missed deadlines or procedural mistakes that may weaken an otherwise strong claim.

A seasoned probate attorney can:

  • Determine whether you have standing and valid grounds.
  • Ensure deadlines are met.
  • Collect and present necessary evidence.
  • Advocate for your interests in probate court.

How Hoffman Walker & Knauf Can Help 

At Hoffman Walker & Knauf, we help clients throughout Kentucky understand their rights in probate and estate disputes. 

If you believe a will was improperly created or unfairly influenced, timely legal action is crucial. Contact Hoffman Walker & Knauf as soon as possible to discuss your concerns and determine whether contesting a will is an option for you under Kentucky law.