What are the applicable statutes of limitations for contesting a will?
Under Arkansas law, if someone wishes to contest a Will, they have specific statutory deadlines by which they must begin the process. The applicable statutes of limitations vary depending on whether the contest is being filed as a challenge to the validity of the Will itself, or for some other reason, such as misappropriation of estate property. If the challenge is being made to the validity of the Will itself, then the deadline to do so is within three years from the date of admission of the Will to probate. If the challenge is being made for reasons other than the validity of the Will, such as for misappropriation of estate property, then the deadline to do so is within two years from the date the challenge is discovered. However, this two-year deadline can be extended up to four years, so long as the party filing the challenge can prove it was due to duress, fraud, or misrepresentation of fact. It is important to note that these deadlines are considered “statutes of limitations” which means that a court may not hear any evidence of a challenge after these dates have passed. Therefore, it is important to be aware of the applicable statutes of limitations for contesting a Will in Arkansas when considering whether to proceed with a challenge.
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