What happens in a Will contest?

After your death, any “interested person” can contest the validity of your Will.  Contrary to popular belief, however, one of your heirs or beneficiaries cannot contest a Will simply because they are unhappy with the inheritance left to them (or lack thereof). Instead, a Will contest must allege, and eventually prove, a legal reason why the Will is invalid. The Executor of the Will must defend the Will during the litigation. Ultimately, if the Will is declared invalid, the court will look for a previous, valid, Will to use to probate the estate. If none is located, the state intestate succession laws will be used to distribute the estate. If the Will is upheld, the probate of the estate continues using that Will.