Presentation to the Probate Court

• For a will to be contested, it must first be filed for probate. In Alabama, a will must be presented within five years from death. If it is not, the laws of intestate succession are implemented, which means property will be divided among the heirs as if there had been no will.
  
  

Who May Contest

• Someone may only contest a will if he would've stood to benefit had the deceased died without one. Title 43, Chapter 8, Article 3 of the Alabama Code establishes the lineage for inheriting property when there is no will.
  
  

Statute of Limitations

• In Alabama, a writing to contest a will must be filed in probate court within six months from the date the will is admitted, or accepted, for probate. The objecting party may choose to file a formal complaint in the circuit court of the county where the will has been admitted. The statute of limitations is the same no matter which court has jurisdiction.