Troy, AL asked in Probate for Alabama

Q: can a will that was probated in 2012 still be challenged in the state of alabama

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1 Lawyer Answer
Jack T. Carney
Jack T. Carney
Answered
  • Probate Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: If the Will was admitted to probate, then any challenge must be made within 6 months of the date of admission. See below for the applicable statute:

Any person interested in any will who has not contested the same under the provisions of this article, may, at any time within the six months after the admission of such will to probate in this state, contest the validity of the same by filing a complaint in the circuit court in the county in which such will was probated. Ala. Code 43-8-199

The time limit is incredibly strict. If you wish to confirm that it applies to you and your particular situation please consult an attorney. Good luck.

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