What are the applicable statutes of limitations for contesting a will?

In Hawaii, the applicable statutes of limitations for contesting a will depend on the circumstances of the case. If the will was created by an individual or married couple in Hawaii, the statute of limitations begins to run from the date of death. If the will was created outside of Hawaii, the statute of limitations begins to run from the date the will was admitted to probate in Hawaii. The time limit for contesting a will in Hawaii for an individual or married couple is three years from the date of death. This also applies if the will was created outside of the state. If an individual passed away without a will, the time limit for contesting a will is six years from the date of death. In addition, if the will was created under suspicious circumstances, such as undue influence or fraud, then the statute of limitations may be as long as eight years from the date when the person was last able to contest the will. If the time for contesting a will has expired, then it may not be possible to contest the will. However, a person may be able to challenge the will by filing a motion to revoke its probate. In order to be successful in such a motion, the person must prove that the will was created under suspicious circumstances.

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