There is a time limit on the filing of a will contest.  Under Ohio law a will contest must be filed within three months after the filing of the certificate in the Court indicating everyone entitled to notice has received notice or has waived notice.

A will contest is filed in Probate Court indicating the grounds for the contest.  The person who is contesting the will must prove:

• The will was improperly created or modified,
• The person was otherwise unduly influenced,
• The person was not mentally capacity at the time the will was signed,
• Improper witnessing or signing of the will,
• The will was created by some sort of fraud, or
• There is a more current will than the one filed

Ohio requires that such evidence be presented through the same process in which other civil actions are pursued, including the right to a jury trial.  The will contest can be brought before a judge or a jury.

After the claim is presented, the executor investigates the validity of the debt or claim.  If it is valid, then it is paid.  If the executor denies the claim, then the creditor must file a law suit against the estate to enforce the claim.  The executor has the power to settle claims against an estate to avoid the cost and risk of litigation.