In a Sale
What This Means When the House Is Being Sold
A pending will contest generally puts a real estate sale on hold, or at minimum introduces enough uncertainty that a buyer's lender and title company want it resolved before closing, since a successful contest can change who has authority to sell in the first place. Even preparing a property for market during a contest carries risk if the outcome could shift control to someone with different plans for it.
These disputes can take many months to resolve, and settlement is common, since litigation costs often push family members toward compromise faster than a court would decide the underlying claims.
Compare
Not to Be Confused With
- This TermWill Contest
- Often Mistaken ForObjection
- Often Mistaken ForHolographic Will
- Often Mistaken ForExecutor
What Tells Them Apart
A will contest specifically challenges the validity of the will itself, a narrower and more serious dispute than an ordinary objection to a proposed action or filing. A holographic will sometimes becomes the subject of a contest given questions about its authenticity. Executor is the role whose authority a successful contest can directly undo, sometimes replacing that person entirely.
Questions
Questions People Ask
Can a house be sold while a will contest is pending?
Generally this is risky and often effectively on hold, since a successful contest can change who has authority to sell the property or how it should be distributed. Title companies and buyers' lenders typically want a pending contest resolved before a sale can safely close. An estate attorney can advise on the specific risks.