When someone dies, their estate typically enters a legal process called probate, where the court oversees the administration of assets, payment of debts, and distribution to heirs or beneficiaries. Probate can be straightforward, especially with a clear will and cooperative family members. But sometimes disputes arise, often because a loved one believes the will is invalid, unfair, or the estate is being handled improperly.
In both Kansas and Missouri, yes, probate can be contested, but doing so isn’t as simple as “being unhappy” with the outcome. There are specific legal grounds, deadlines, and procedural rules that apply.
What Does It Mean to Contest Probate?
Contesting probate usually refers to legally challenging the validity of a will or the way an estate is being administered. A challenge may be brought during the probate process itself, and in some circumstances may involve contesting a trust or other estate planning document tied to the probate.
When an interested person files a formal objection, the probate court must address that objection before the estate can proceed to final distribution. These disputes can lead to:
- Mediation
- Court hearings
- Discovery of evidence
- Removal of a personal representative
- Trial on the validity of the will or estate administration
Litigated probate disputes can add months, or even years, to the process.
For legal help, visit our Probate Litigation Services in Kansas & Missouri.
Who Has Standing to Contest Probate?
Not everyone has a legal right to challenge an estate. In both Kansas and Missouri, a person must have a direct legal interest, meaning their rights are affected by the outcome.
In Missouri
Under Missouri law, only “interested persons” may contest probate. This includes:
- Heirs at law (those who would inherit if there were no will)
- Beneficiaries named in the will
- Beneficiaries under a previous or later will
- Someone who has acquired an inheritance interest through purchase, gift, intestate succession, liens, or other legal means
For example, a child of the decedent who was left out of a will, or who received less than they would under intestacy, may have standing to challenge it. Similarly, a beneficiary named in an earlier will but omitted in the current one may be able to contest the later version.
In Kansas
Kansas requires that the person mounting the challenge has a lawful interest in the estate. Common examples include beneficiaries under a will, potential heirs who would inherit under intestate laws, or parties who would benefit from a different version of the will.
A mere dissatisfaction with the distribution is not enough; the challenger must have a legal stake in the outcome.
Grounds for Contesting Probate
Challenging a will or probate is not a popularity contest. Courts will only entertain challenges based on recognized legal grounds.
Common Grounds Include:
1. Lack of Testamentary Capacity
The testator (person who made the will) must have had the mental capacity to understand the nature of the estate and the consequences of the document at the time it was signed. If medical evidence shows dementia, cognitive impairment, or other incapacity, a will may be invalidated.
2. Undue Influence
If someone exerted pressure, manipulation, or control over the testator, especially when the testator was vulnerable, a contest may argue that the will reflects another person’s influence rather than the testator’s true intentions.
3. Fraud or Forgery
A will procured by deception, such as forging signatures or tricking the testator, can be challenged. Evidence might include handwriting analysis, witness testimony, or proof someone altered the document without consent.
4. Improper Execution
Both Kansas and Missouri require specific formalities: a will must typically be written, signed by the testator, and witnessed by the number of witnesses required by law. Failure to follow statutory requirements can render the will invalid.
5. Existence of a More Recent Will
If a later valid will exists that revokes the earlier version, probate of the earlier will may be contested. This is often raised when multiple versions of a will are discovered after death.
Trusts, while not subject to formal probate, can also be contested on similar grounds, such as lack of capacity, undue influence, fraud, or improper execution. Courts will also intervene if there are disputes about the trustee’s management or breach of fiduciary duty.
Deadlines and Timing
Timing matters.
Missouri
In Missouri, a will contest generally must be filed within six months after:
- The will has been admitted, or rejected, for probate, or
- The first publication of notice that letters (authority to act) have been granted to the personal representative, whichever is later.
Failing to file within this window typically bars a challenge, making probate binding.
Kansas
Kansas also has specific timelines. While varied sources indicate different periods depending on whether creditor notices have been served, challenges generally must be filed early in the probate process, commonly within four months from when death is first publicized to creditors if all creditors are known.
Missing these deadlines can result in losing the right to contest the will or estate.
What Happens if a Contest Succeeds?
If a contest is successful, the consequences vary:
- The contested will may be declared invalid in full or in part
- A previous valid will may be admitted instead
- The estate may be treated as if no will existed, triggering intestate succession laws
- Portions of the estate may be reallocated according to court findings
Contesting probate can dramatically alter how property is distributed, who serves as personal representative, and whether certain distributions are upheld.
Courts Prefer Finality; Not Family Drama
Probate courts generally favor upholding wills unless there’s compelling evidence of legal defect. Courts are cautious about overturning a decedent’s clearly expressed intentions. A successful contest typically requires:
- Solid evidence
- Credible witnesses
- A strong legal basis
- Far beyond simple disappointment with inheritance
Final Thoughts
Yes, probate can be contested in Kansas and Missouri, but it is a structured legal process. Contesting a will or estate administration requires:
- Legal standing
- Valid legal grounds
- Timely action
- Evidence that supports the challenge
Emotional disputes and family disagreements are common during probate, but they do not by themselves justify a legal contest.
Thinking of contesting a will? Speak with an experienced probate attorney in Kansas City early, understand state-specific deadlines, and prepare for a process that can be complex, time-consuming, and at times adversarial.
Contesting probate is not merely about disagreement, it’s about proving that legal requirements were not met or that the document should not be upheld as a true expression of the decedent’s wishes.