Getting a will contest notice in the mail can feel like a punch to the gut. You’re already dealing with the loss of someone close to you, managing their estate, and trying to honor their wishes. Now someone’s challenging the validity of the will itself.
Don’t Panic, But Don’t Ignore It
A will contest notice is a legal document with deadlines attached. You can’t throw it in a drawer and hope it goes away. Read it carefully. Note the filing date, the grounds for the contest, and any court dates listed. Missing a deadline can seriously harm the estate and potentially expose you to personal liability. That’s not something you want hanging over your head.
The notice should specify why the will is being challenged. Common grounds include claims that the deceased lacked mental capacity, was under undue influence, or that the will wasn’t properly executed according to Illinois law. Understanding the specific allegations helps you and your attorney prepare a response.
Your Role As Executor During A Contest
Your job changes slightly when a will contest is filed. You’re still responsible for preserving estate assets and paying necessary expenses. You need to pause any distributions to beneficiaries until the contest is resolved. You also have a duty to defend the will. This doesn’t mean you personally believe the will is valid or invalid. The law expects you to present evidence supporting the will’s validity because that’s what the deceased person wanted. You’re representing their intentions, not taking sides in a family dispute. Sometimes that’s a hard line to walk, especially if the people contesting are family members you care about.
Immediate Steps To Take
Move quickly when you receive a will contest notice.
If you don’t already have a Chicago estate administrator lawyer, get one now. Will contests involve technical legal issues and court procedures that aren’t intuitive. An experienced attorney can assess the strength of the challenge and develop a defense strategy. This isn’t the time to go it alone.
Start collecting evidence that supports the will’s validity. You’ll need things like medical records showing the deceased had capacity, witness statements from people present at the signing, and the attorney’s file if a lawyer drafted the will. Email or written communications showing the deceased’s intentions can be powerful evidence. Financial records demonstrating that the deceased managed their own affairs help establish that they understood what they were doing.
Keep all documents, emails, texts, and records related to the deceased and the estate. What seems irrelevant to you might be important evidence later. If anyone asks you to get rid of documents or tells you something “doesn’t matter,” that’s a red flag you shouldn’t ignore.
Stop discussing the estate casually with family members. Anything you say can be used in court. That doesn’t mean you should go silent, but run communications through your attorney first.
Keep beneficiaries informed about the contest without editorializing or taking positions on the merits. Neutral updates only.
Understanding The Legal Process
Will contests in Illinois follow specific procedures under the Probate Act. The person challenging the will must prove their case. They carry the burden of proof. Discovery comes next. Both sides exchange documents and take depositions. Witnesses get questioned under oath. Sometimes these depositions reveal information that changes the trajectory of the case entirely. Other times, they just confirm what everyone already knew. If the case doesn’t settle, it goes to trial, where a judge decides whether the will is valid.
When Settlement Makes Sense
Sometimes the challenger raises legitimate questions. Other times, settling saves the estate money even if you’d likely win in court. Legal fees add up fast. Your attorney can help you evaluate settlement offers and determine whether they’re in the estate’s best interest, considering both the strength of your position and the cost of continuing to fight.
At Kravets Law Group, we represent executors facing will contests throughout Cook County and the surrounding areas. We help you understand your duties, gather supporting evidence, and present a strong defense of the will’s validity. Whether you’re dealing with a complex capacity challenge or allegations of undue influence, working with a Chicago estate administrator lawyer protects both you and the estate. Contact our team to discuss your specific situation and develop a strategy that honors the deceased person’s wishes while fulfilling your legal obligations.