Contesting a will typically costs $10,000 to $100,000+ in attorney fees, depending on case complexity. Probate litigation attorneys usually charge $300-500/hour. Costs include filing fees, expert witnesses (doctors for capacity cases, handwriting analysts for forgery claims), depositions, and trial preparation. Many attorneys require substantial retainers ($5,000-25,000) upfront. Additionally, the estate bears ongoing costs during litigation (property maintenance, insurance, taxes) for what can be 2-4 years. Consider potential recovery against costs: if you stand to inherit $50,000 more by contesting, spending $40,000 to contest may not make financial sense. PA Probate Help can help you assess whether the potential recovery justifies the costs and connect you with attorneys who can provide fee estimates for your specific situation.

Pennsylvania will contests typically take 18 months to 4+ years from filing objections to final resolution. The timeline varies significantly based on case complexity, county court schedules, and whether parties settle or proceed to trial. Discovery phase (gathering evidence, depositions, expert evaluations) often takes 6-18 months. If the case goes to trial, add several more months for court scheduling, trial itself, and judge's decision. Appeals can add another 1-2 years. During this time, the estate remains in limbo—no executor appointed, no assets distributed, ongoing expenses accumulating. About 60-70% of will contests settle before trial, which can shorten the timeline. The emotional and financial toll of extended litigation is why settlement is often in everyone's best interest, even if it means compromise.

When a will is contested, estate property (real estate, bank accounts, investments) remains frozen. No executor has legal authority to distribute assets or sell property without court approval. For real estate specifically: mortgage payments, property taxes, insurance, and maintenance costs continue. Vacant homes may deteriorate. Market conditions may change. Pennsylvania courts sometimes allow property sales during will contests if all parties agree or court determines sale is necessary to preserve estate value. Proceeds are held in escrow until the dispute resolves. PA Probate Help assists families in managing estate property during extended will contests—coordinating maintenance, obtaining necessary court approvals for sales when appropriate, and ensuring properties don't deteriorate or drain estate resources during litigation.

In Pennsylvania, you can contest a will only if you have legal "standing"—meaning a financial interest in invalidating it. If you're not mentioned in the will being contested BUT you were a beneficiary in a previous will or you would inherit under intestacy (Pennsylvania's default inheritance laws for when there's no valid will), you have standing. For example, if you're a child who was disinherited in a new will but would inherit under intestacy law, you can contest. However, if you're a friend, coworker, distant relative with no intestacy rights, or someone with no connection to previous wills, Pennsylvania courts will dismiss your contest for lack of standing regardless of how suspicious the circumstances seem. The law limits will contests to people with direct financial stakes in the outcome.

Pennsylvania law requires will contests to be filed before the will is admitted to probate - typically within 2-4 weeks after the will is filed with the Register of Wills (varies by county). Once the Register formally admits the will to probate and issues Letters Testamentary, contesting becomes much more difficult (though not always impossible through petitions to revoke probate). This short window makes it critical to act quickly if you have concerns. As soon as you learn of a loved one's death and have suspicions about the will, contact a probate litigation attorney immediately. Don't wait to gather evidence or think through your options—the clock is ticking. After probate is granted, you may still be able to file civil lawsuits for fraud or undue influence, but the procedural burdens increase substantially.

Yes, and most are. Approximately 60-70% of Pennsylvania will contests settle before trial through negotiation or mediation. Settlement often involves compromise—perhaps the objecting party receives a payment to withdraw their contest, or parties agree on a different asset distribution than the will specified, or they agree to probate an earlier will version. Pennsylvania Orphans' Courts actively encourage mediation and settlement conferences. Settlement benefits everyone: reduced legal costs, faster resolution, preserved family relationships, certainty of outcome (vs. unpredictable trial), and privacy (settlements can include confidentiality provisions). However, settlement requires all parties to act reasonably. PA Probate Help often assists during settlement discussions by providing property valuations and sale feasibility analysis that informs realistic settlement negotiations.

Evidence requirements depend on your grounds for contesting. For lack of capacity: medical records showing dementia/cognitive decline, testimony from physicians and caregivers who witnessed mental state, documentation of confusion or impaired judgment around the time of will signing, prior capacity assessments. For undue influence: evidence of confidential relationship between deceased and beneficiary, isolation of deceased from family, sudden changes benefiting the influencer, deceased's dependence on influencer, beneficiary's involvement in will preparation or signing. For fraud: testimony about false statements made to deceased, evidence deceased was deceived about document contents or facts. For improper execution: witness testimony about signing ceremony, evidence witnesses weren't present together or didn't actually witness signature. An experienced probate litigation attorney can assess what evidence you have and whether it's sufficient to proceed. PA Probate Help can help you organize evidence and identify additional sources before meeting with attorneys.

This deeply personal decision requires weighing legal, financial, and emotional factors. Consider: Legal strength—do you have valid grounds and sufficient evidence? Financial analysis—do potential recovery amounts justify the $10K-$100K+ costs? Relationship impact—can family relationships survive litigation? Time investment—can you handle 2-4 years of legal proceedings? Alternative options—could you negotiate a settlement without formal contest? Emotional readiness—are you prepared for depositions, testimony, and public proceedings about your loved one? Pennsylvania probate litigation attorneys can assess your legal case strength. PA Probate Help provides honest, objective perspective on these difficult decisions. Sometimes contesting is clearly warranted (obvious fraud, severe undue influence, substantial estate). Sometimes accepting an imperfect outcome preserves what matters most—family relationships and your own wellbeing during grief.