What is the statute of limitations on contesting a will? (ref. section 3412) 0089

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Question

What is the statute of limitations on contesting a will, both formal and informal proceedings?

Answer

There is no time limit for a will submitted via the informal probate proceeding.  Unlike the Revised Probate Code (RPC), which had a 90 day period after receiving notice of appointment to contest a will admitted to independent probate [MCL 700.358(4)], there is no cutoff period imposed for a will admitted by a register's order of informal probate.

A will admitted in a formal testacy proceeding must be challenged within 21 days of entry of the order admitting the instrument to probate.  The following Estate and Protected Individuals Code (EPIC) provisions of MCL 700.3412 are relevant:

(1) Subject to appeal and subject to vacation as provided in this section and section 3413, a formal testacy order under sections 3409 to 3411…is final as to all persons with respect to all issues concerning the decedent's estate that the court considered or might have considered incident to its rendition relevant to the question of whether the decedent left a valid will and to the determination of heirs, except that:
(a) The court shall entertain a petition for modification or vacation of its order and probate of another will of the decedent if it is shown that the proponents of the later offered will were unaware of that will's existence at the time of the earlier proceeding, or were unaware and were given no notice of that earlier proceeding, except by publication.
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(2) A petition for vacation filed under subsection (1) shall be filed before the earlier of the following time limits:
(a) If a personal representative is appointed for the estate, the time of entry of an order approving final distribution of the estate or, if the estate is closed by statement, 6 months after the filing of the closing statement.

(b)One year after the entry of the order sought to be vacated.

(3) The order originally rendered in the testacy proceeding, may be modified or vacated, if appropriate under the circumstances, by the order of probate of the later offered will or the order redetermining heirs.
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Pursuant to MCL 700.3413 for good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.

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Last Updated:  5-17-00

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