Notice of Contest aka Contesting a Will and Notice of Adversary


394.240 ACTIONS IN CIRCUIT COURT: TIME IN WHICH TO BE BROUGHT; FILING NOTICE OF PROCEEDING

Any person aggrieved by the action of the district court in admitting a will to record or rejecting it may bring an original action in the circuit court of the same county to contest the action of the district court. Such action shall be brought within two (2) years after the decision of the district court. The parties may, in the same action, or in a separate action if the validity of the will is not in issue, seek construction, interpretation or reformation of a will.

Upon filing an adversary proceeding in circuit court in matters involving probate whether in testate or intestate proceeding or an action pursuant to subsection (1) of this section, the plaintiff shall forthwith lodge a notice of the action in the office of the county clerk of the county in which the will was admitted to probate or rejected, or if in an intestate estate in the office of the county clerk of the county in which the estate was probated.

The notice must have the following requirements:

  • state the name of the testor (deceased)
  • the style of the action
  • the court in which the action has been filed
  • the file number assigned to the action by the clerk of the court in which it has been filed
  • the nature of the action
  • the date on which the action was commenced.

The notice must be signed by plaintiff or his attorney. The signature does not have to be acknowledged or notarized.

The oringinal of this document must be kept with the original wills maintained by the clerk's office.

Fee Schedule