Troxel v. Troxel

ON PETITION TO TRANSFER

BOEHM, Justice.

We hold that where a probate court erroneously admits a will to probate after the expiration of the statute of limitations, the court’s subsequent orders are voidable and subject to attack via a timely will contest, but are not void. Accordingly, any interested party with notice of the belated effort to probate the will must object within the five-month period for a will contest.

Factual and Procedural Background

Jack Troxel and his second wife, Joanne, lived in a home on a twenty-four acre parcel of property in rural St. Joseph County. After their…