Updated September 7, 2026. Quick answer: In Delaware, you have 6 months to contest a will that has already been admitted to probate, running from entry of the order of probate.
How long do you have to contest a will in Delaware?
| Deadline to contest an admitted will | 6 months |
| What starts the clock | entry of the order of probate |
| Dedicated will-contest statute? | Yes |
“Any person interested who shall not voluntarily appear at the time of taking the proof of a will, or be served with citation or notice as provided in § 1303 of this title, shall, at any time within 6 months after the entry of the order of probate, have a right of review which shall on the person’s petition be ordered by the Court of Chancery.”
Source: 12 Del. C. § 1309
What makes Delaware different
Delaware’s 6-month review right is available only to a person who did not voluntarily appear or receive citation/notice at the original proof of the will; someone who was already a party to that hearing has no separate post-probate contest right under this section. The controlling authority is 12 Del. C. § 1309, and the window runs from entry of the order of probate.
What happens once this deadline passes?
Once the window above closes, Delaware’s probate of the will generally becomes final and binding on everyone who had the chance to object, subject only to the tolling or discovery exceptions described above; a separate objection Delaware allowed at the original probate hearing does not reopen or extend it.
Sources
| Statute / rule | 12 Del. C. § 1309 |
| Delaware courts (general reference) | Delaware judicial branch |
| Confidence | High |
Every statute or rule quoted on this Delaware page was read directly from the state’s own legislature/court/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; whether a specific contest is still timely can turn on facts (exactly when notice was given, how the will was probated, whether a disability applies) that only your own Delaware probate court file can confirm.