633.309 - TIME WITHIN WHICH ACTION MUST BE COMMENCED.
633.309 TIME WITHIN WHICH ACTION MUST BE COMMENCED. An action to contest or set aside the probate of a will must be commenced in the court in which the will was admitted to probate within the later to occur of four months from the date of second publication of notice of admission of the will to probate or one month following the mailing of the notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, at such persons' last known addresses.
Section History: Early Form [C51, § 1659; R60, § 1075, 1865, 2740; C73, § 486, 2529; C97, § 3447; S13, § 2963-g, 3447; C24, 27, 31, 35, 39, § 11007; C46, 50, 54, 58, 62, § 614.1(3); C66, 71, 73, 75, 77, 79, 81, § 633.309]
Section History: Recent Form 84 Acts, ch 1080, § 8; 89 Acts, ch 35, §5