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TROXEL v. TROXEL

No. 71S04-0008-CV-480.

737 N.E.2d 745 (2000)

Kevin R. TROXEL and Rick L. Troxel, Appellants (Petitioners Below), v. Joanne K. TROXEL, Personal Representative of the Estate of Jack L. Troxel, Deceased, Appellee (Respondent Below).

Supreme Court of Indiana.

November 3, 2000.

Attorney(s) appearing for the Case

Paul T. Cholis, South Bend, Indiana, Attorney for Appellants.

Randy J. Spitaels, Loren R. Sloat, Nappanee, Indiana, Attorneys for Appellee.

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.

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