Legal Question in Wills and Trusts in Pennsylvania

You indicate that the will has already been probated. I assume that this was done in PA. If the will has been probated, I believe that the only way to open the decree of the register is to appeal. The caveator (person who wants to caveat) has 1 year from the date of probate.

20 Pa.C.S.A. � 908

(a) When allowed.--Any party in interest seeking to challenge the probate of a will or who is otherwise aggrieved by a decree of the register, or a fiduciary whose estate or trust is so aggrieved, may appeal therefrom to the court within one year of the decree: Provided, That the executor designated in an instrument shall not by virtue of such designation be deemed a party in interest who may appeal from a decree refusing probate of it. The court, upon petition of a party in interest, may limit the time for appeal to three months.

The will can only be challenged if there are valid grounds. Generally, the grounds are: (1) undue influence; (2) lack of testamentary capacity; (3) fraud or mistake; or (4) insanity.

If none of this exists, the caveat will not go far as evidence of this usually needs to be shown through physicians, the lawyer who drafted the will (if any) and any other persons who can give relevant evidence.

As a followup, a will is probated when the register of will accepts the will for probate and issues a decree to that effect.