Notice of Intent to Contest

A Notice of Intent to Contest is a formal document filed with the probate court to indicate a person’s intention to challenge a will. Key aspects include:

1. Alerts the court and interested parties of a potential contest

2. Usually filed early in the probate process

3. Outlines the grounds for contesting the will, such as:

   – Lack of testamentary capacity

   – Undue influence

   – Fraud or forgery

   – Improper execution

4. May include a brief summary of supporting evidence

5. Typically subject to strict filing deadlines

This notice serves as a preliminary step before a full will contest. It allows the contesting party to formally express their objections and gives other parties time to prepare their responses. Filing this notice can sometimes lead to negotiations or settlements before a full-blown legal battle ensues. However, it’s important to note that filing a Notice of Intent to Contest doesn’t guarantee the right to proceed with a contest, as the court may still determine if the filer has proper standing to challenge the will.