Quick Answer
A will contest asks the court to set aside a will that has been admitted to probate. In Illinois, an interested person generally has six months after the will is admitted. In Iowa, the deadline is the later of four months after the second publication of notice or one month after notice is mailed to you. Common grounds are lack of capacity, undue influence, fraud, and improper signing.
Key points
- The clock starts at admission or notice, not at death.
- Only people who would gain if the will fails can contest.
- Most contests settle before trial.
- Missing the deadline usually ends the challenge for good.
Is this you?
- A parent's last will cut you out or changed sharply late in life.
- You suspect someone pressured or misled the person who signed it.
Deadlines side by side
| Illinois | Iowa | |
|---|---|---|
| Deadline | 6 months after admission to probate | Later of 4 months after second publication of notice, or 1 month after notice is mailed |
| Early option | Demand formal proof of the will within 42 days of admission | Keep the mailed notice; its date can extend the deadline |
| Court | Circuit court, probate division | District court, sitting in probate |
Who can contest
An interested person: usually an heir who would inherit with no will, or a beneficiary under an earlier will who receives less under the new one.
Common grounds
- Lack of capacity. The person didn't understand their property, family, or plan when signing.
- Undue influence. Someone in a position of trust overpowered the person's own wishes.
- Fraud or forgery.
- Signing defects. The will wasn't signed and witnessed as the law requires.
- Revocation. The person revoked the will before death.
Other paths
When a contest isn't available or isn't enough, other claims may help, including a claim for interference with an inheritance in Illinois or a contract claim under a joint and mutual will.
More in this series
- How Long Do You Have to Contest a Will in Illinois?
- How Long Do You Have to Contest a Will in Iowa?
- Who Has Standing to Contest a Will?
- Grounds to Contest a Will: Capacity, Undue Influence, Fraud
- What Happens in an Illinois Will Contest
- What Happens in an Iowa Will Contest
- Settling a Will Contest
- Tortious Interference With an Inheritance in Illinois
- Joint and Mutual Wills: When a Surviving Spouse Changes the Plan
Next step: Worried about a deadline? Leave your contact details and a short note in our chat, and our team will reach out.
Reviewed by James D. Greenwood, November 11, 2026. Sources: 755 ILCS 5/6-21, 5/8-1; Iowa Code 633.309.
This post is general information, not legal advice for your situation.