Finding multiple wills after someone passes away is far more common than most families realize. People update their estate plans, rewrite their wishes, or create informal versions over time. When more than one will surfaces, probate becomes more complicated—and the court must determine which document is legally valid.
This situation can lead to confusion, disagreements, and delays for beneficiaries. Understanding how courts handle multiple wills can help heirs protect their rights and prepare for what comes next.
Why Multiple Wills Happen
There are several reasons more than one will might exist:
1. The Deceased Updated Their Will Over Time
Most people revise their estate plan as life changes—marriage, divorce, new children, new assets, or changes in relationships.
2. Old Wills Were Never Destroyed
Even if a new will is created, the person may not have properly destroyed earlier versions.
3. Handwritten (Holographic) Wills
Some people write last-minute or emergency wills by hand, leading to conflict with earlier typed wills.
4. Poor Estate Planning Practices
Multiple drafts, unsigned versions, or conflicting documents may be found among personal papers.
5. Fraud or Suspicion of Fraud
Sadly, in some cases, individuals attempt to create or “discover” wills to influence who receives what.
How Courts Decide Which Will Is Valid
Probate courts follow a clear process to determine which will controls the estate.
1. The Most Recent Valid Will Usually Wins
Generally, the latest will—if properly signed and witnessed—supersedes older versions.
But this only applies if the document meets legal standards.
2. The Court Analyzes Legality
Judges look for:
- Proper signatures
- Required witnesses
- Clear dates
- Compliance with state law
- Evidence of capacity
- Proof there was no undue influence
If a newer will is missing a critical legal requirement, an older will may be honored instead.
3. Revocation Clauses
Most updated wills contain a clause that states the person is revoking all prior wills. Courts treat this as strong evidence of intent.
4. Challenges from Beneficiaries
Heirs may contest a will by arguing:
- The deceased lacked mental capacity
- Someone exerted pressure
- The will was forged
- The will was created under suspicious circumstances
- The will was not properly signed
These challenges can extend probate significantly.
What Happens If No Clear Winner Is Found?
Sometimes, the situation becomes complicated:
1. Portions of Multiple Wills May Be Merged
If documents don’t contradict each other, courts may combine provisions.
2. The Estate May Be Treated as Intestate
If all wills are invalidated, the estate may be distributed according to state intestacy laws—treating the person as though they had no will at all.
3. Litigation May Be Required
Family disputes over competing wills are among the most common probate lawsuits.
Impact on Beneficiaries
When more than one will appears, beneficiaries often experience:
- Long delays
- Stressful disputes
- Legal fees
- Uncertainty about inheritance
Heirs may be entitled to funds but stuck waiting as the court sorts out the legal mess.
What Beneficiaries Can Do
Although beneficiaries don’t control the probate process, they can take steps to protect themselves:
1. Request Copies of All Wills
You have a right to documentation and transparency.
2. Stay Informed Through Court Filings
Probate filings are usually public.
3. Hire Your Own Attorney if Needed
Especially if your inheritance is affected.
4. Seek an Inheritance Cash Advance if Financially Stressed
When probate drags on, beneficiaries often need money far sooner than the court can distribute it.
Final Thoughts
Multiple wills create confusion, but courts follow a clear process to determine which one reflects the true wishes of the deceased. Unfortunately, these disputes can delay distributions for months or even years.
Need Funds While the Court Sorts Out Multiple Wills?
Approved Inheritance Cash helps beneficiaries get money now, even when probate is delayed by competing wills or family disputes. There are no credit checks, no monthly payments, and repayment only occurs when the estate closes.
Visit Approved Inheritance Cash today to access your inheritance sooner.
