When can a will be challenged?

Each state’s probate code has its own standard for when a will must be challenged (that is, when a will contest must be initiated). For example, the law may require any will contest to be brought within three years of when a person dies or else his or her will cannot be challenged. Thus, while it is better to start a will contest before the will is admitted into probate (because a will is presumed valid once admitted), you can challenge at any time within the statutory time period.