You do not lose your right to contest a will just because probate has already started. In Illinois, you can still challenge the will, but you must act within a strict legal deadline after the court admits it to probate.
How long do you have to file a will contest?
You have six months from the date the court admits the will to probate to file a formal contest under 755 ILCS 5/8-1. The clock starts on the day the judge approves the will for probate. That date appears in the court file and controls everything. If you file even one day late, the court will usually dismiss the case, no matter how strong your concerns are.
What if you only found out months later?
The six-month period still applies even if you learned about the will after probate began. The court looks at the admission date, not the date you personally found out. If several months have already passed, you may have less time than you think. That is why checking the court record early can make a real difference, especially if you suspect pressure, manipulation or mental decline played a role.
Know your deadline before it passes
You do not lose your opportunity just because probate has started, but you can lose it by missing the deadline. If you feel unsure about how much time you have left or whether your situation qualifies for a challenge, a probate attorney can review the court file and confirm your options before the window closes.
