When a loved one passes away and their will is filed for probate, family members sometimes discover unexpected terms—such as unequal inheritances, surprise beneficiaries, or signs the will may not reflect the decedent’s true wishes. If you believe a will is invalid, Oklahoma law does allow you to challenge it, but the window to act is limited. Understanding these deadlines is crucial, because once the statutory period expires, you may lose the right to contest the will entirely.
When Can a Will Be Contested in OKC?
A will can be challenged only after it is filed for probate. The challenge—called a will contest—asks the court to determine whether the will is legally valid. Common grounds for challenging a will include:
- Lack of testamentary capacity
- Undue influence or coercion
- Fraud or forgery
- Improper execution (not signed or witnessed correctly)
- A later will that supersedes the one filed
Regardless of the reason, timing is critical.
The Deadline to Contest a Will in Oklahoma
Under 84 O.S. § 25, you generally have three months (90 days) from the date the will is admitted to probate to file a formal will contest.
This deadline begins after the court issues the order admitting the will, not when the will is filed and not when you receive notice of the hearing.
If you do not file your objection within this three-month window, the probate court’s order becomes final, and your ability to challenge the will is usually lost.
What If You Were Not Given Proper Notice?
Oklahoma law requires interested parties—heirs, beneficiaries, and others with a legal interest—to receive notice of the probate hearing.
If you did not receive legally sufficient notice, you may have grounds to challenge the probate order even after three months, but this is rare and fact-specific. Courts are strict on probate deadlines, so you should speak with a probate attorney immediately if you believe notice was defective.
Can You Challenge a Will Before Probate Is Completed?
If you receive notice that a will is being submitted for probate, you may file an objection before the hearing. This can temporarily pause the probate process until the court hears evidence about the will’s validity.
However, even if you do not challenge it before the hearing, you still have the three-month period after the will is admitted.
What Happens After a Will Contest Is Filed?
Once you file your challenge, the court will schedule hearings to review evidence such as:
- Witness testimony
- Medical records (for capacity challenges)
- Expert handwriting analysis (for forgery claims)
- Financial records
- Prior wills or drafts
If the court finds the will invalid, it may:
- Admit a prior valid will, or
- Treat the estate as intestate, meaning Oklahoma’s inheritance laws decide who receives assets.
If the court upholds the will, the probate continues under that document.
Why Acting Quickly Matters
Will contests involve strict deadlines, complex legal standards, and the burden of proving why a will should be set aside. The sooner you meet with an attorney, the better your chance of gathering strong evidence before assets are distributed.
Waiting too long may mean:
- Losing the right to contest
- Assets already being sold or transferred
- Increased costs and legal obstacles
Oklahoma City Probate Attorneys
If you believe a will resulted from undue influence, fraud, or improper execution, it is important to understand your options under Oklahoma law. Our team at Oklahoma City Probate Attorneys guides families through probate, protects children’s inheritance rights, and helps ensure the estate is handled properly from start to finish.. Call us in Oklahoma City today at 405-367-8710 or ask a question online.
