Settling an estate carries a lot of emotional weight. Finding that the will has something unexpected can be absolutely devastating. While certain parties can contest a will, there is a time limit. That raises the question, what is the statute of limitations for contesting a will in Virginia?
The Statute of Limitations
The statute of limitations is simply a time limit, or the maximum amount of time someone can wait after an event before filing a claim. If that time limit expires, so too does the claimant’s legal standing. The statute of limitations varies for every legal action and is often different from state to state.
In Virginia, the statute of limitations for a last will and testament begin when the executor files the will, and the court issues the Certificate of Qualification, allowing the executor to manage the estate in a legal capacity.
Virginia Time Limits
That statute of limitations for challenging a Virginia will is usually one year. However, this could be reduced to as little as six months. Anyone who believes they have grounds to challenge a will should do so immediately.
Exceptions for Extension
The statute of limitations for contesting a will can be paused under certain circumstances, especially if the interested party is a minor or has a severe disability.
Contact Obenshain Law Group
With so much on the line, interested parties should consider having a seasoned legal representative to act as a guide throughout the process. An experienced litigation attorney knows can assist you in determining whether you have grounds to challenge a will and handling the legal process.
If you’d like to contest a will, you have options. If you’d like an experienced Virginia will contest attorney from Obenshain Law Group to evaluate your claim, send us an email or call (540) 318-7360.