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

In North Dakota, the applicable statutes of limitations for contesting a will are as follows. First, any challenge to the validity of the will must generally be filed within six months of the date of the decedent’s death. This time period may be extended if the court finds good cause. Second, any claim to be a surviving spouse or child of the decedent must be filed within nine months of the decedent’s death. After nine months, the court may not consider any claims to be a surviving spouse or child, regardless of the date on the will. Third, any claim that the decedent lacked mental capacity at the time the will was made must be filed within one year of the decedent’s death. After one year, the court may not consider any claims of mental incapacitation. Finally, any claims that the will was a result of fraud or undue influence must be filed within two years of the decedent’s death. After two years, the court may not consider any claims of fraud or undue influence. These statutes of limitations are very important in North Dakota. It is important to ensure that all claims are filed within the appropriate time frame in order to ensure that the will is fair and properly executed. If you believe that a will is invalid, be sure to contact an experienced attorney as soon as possible to ensure that your rights are protected.

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