Ideally, when someone dies, they leave behind an organized, efficient estate plan. Yet, sometimes the person’s loved ones find more than one will. Resolving questions raised by competing wills in California generally requires a probate court to decide which document, if either, is the deceased person’s genuine will. If both wills meet certain legal requirements, the more recent one usually controls. If only one meets the legal requirements, that will control.
At Geremia & Cullen, we focus on trust and estate litigation, including will contests involving conflicting documents. We understand that these disputes often involve more than legal issues. They can bring up long-standing tensions and emotional stress during an already difficult time. Our role is to guide you through the legal process, explain your options in plain terms, and work toward a resolution that allows you to move forward.
Can a Person Have Multiple Wills?
Yes. A person can create multiple wills over time. People often update their estate plans as their lives change, such as after:
- Marriage, divorce, or new relationships;
- Birth or adoption of children;
- Significant changes in finances or property; and
- Shifts in personal relationships.
Each new will should include language that cancels prior versions so that the most recent will replaces earlier ones.
How Does the Probate Process Work?
A will explains how the testator, the person making the will, wants their property distributed after death. In California, when a will goes through probate, the court reviews it, confirms its validity, and oversees the transfer of assets.
A testator’s loved ones complete the probate process, which involves:
- Filing the will with the court,
- Notifying interested parties (people who may receive property from the estate),
- Appointing a personal representative (an executor if named in the will, otherwise an administrator),
- Inventorying and valuing assets,
- Paying debts and taxes, and
- Distributing assets.
When multiple wills exist, the court must first decide which will is valid before the estate can move forward.
What Does It Mean to Probate a Will?
Probating a will means the court determines that the document is a legally valid expression of the testator’s final wishes. The court discards the will if it determines that it fails to meet legal requirements or that there were suspicious circumstances surrounding its creation. In that case, the estate is subject to California intestacy laws.
What Makes a Will Valid?
To admit a will to probate, the person offering it must show that it meets California’s legal requirements, including that:
- The testator properly executed the will. The person must sign the will, and at least two witnesses must observe the signing unless it qualifies as a valid handwritten will.
- When executed, the testator had testamentary capacity. A person has testamentary capacity if they understand what they own, who their loved ones are, and what the will does.
- The testator intended the document to serve as their will. The document must clearly indicate that the testator intended for it to control what happens to their property after death.
- The will appears to reflect the testator’s actual intentions. The will reflects the person’s own decisions, free from pressure or manipulation by others.
Disputes often happen when:
- A newer will lacks proper signatures or witnesses,
- The person may not have had mental capacity at the time of signing,
- Different versions surface after death, or
- A later document conflicts with earlier ones.
Those who might have a legal claim to property in the estate can challenge a will’s validity during the probate process.
What Happens If There Are Multiple Wills?
When competing wills in California come before the court, the probate judge must choose one document for the testator’s loved ones to follow in managing their estate. If the court finds that none of the wills meet legal requirements, the law directs how to distribute the estate’s property.
Grounds for Contesting a Will
When multiple wills exist, parties may challenge one or more documents to establish which one should control. Challenging a will is called raising a will contest.
Common reasons for contesting a will include:
- Undue influence—someone pressured or manipulated the person into changing their will;
- Lack of capacity—the person did not understand the substance of the document;
- Improper execution—the will does not meet California’s legal requirements; and
- Fraud or forgery—the document is partially or wholly fabricated and does not reflect the person’s true wishes.
During a will contest, parties must present specific evidence to support their claim that their chosen will is valid and the alternative is invalid.
Process of Contesting a Will
In many cases, you must raise objections early in the probate process. California law sets strict deadlines, and waiting too long can prevent you from challenging a will. The process usually involves:
- Filing an objection explaining to the court why a will should not control;
- Gathering records, documents, and other information during a process called discovery; and
- Taking depositions, asking witnesses questions under oath about what they observed.
Many will contests resolve through mediation rather than trial. In mediation, a neutral third party familiar with will contests helps the parties negotiate a resolution outside of court.
Intestacy Laws
If the court finds that none of the wills meet the legal requirements, California’s intestate succession (intestacy) laws determine who gets what share of the estate. Typically, assets pass to:
- A surviving spouse or domestic partner,
- Children or descendants, or
- Parents or siblings (if no spouse or children survive the deceased person).
The intestate succession system does not consider personal relationships, promises, or the person’s wishes. For many people, that result can feel very different from what their loved one intended.
Guidance in a Difficult Time
Disputes involving competing wills in California involve more than legal documents. They often involve grief, confusion, and difficult dynamics among loved ones.
At Geremia & Cullen, we focus on helping clients navigate the legal issues, emotional realities, and the estate administration process from start to finish. We have extensive experience handling complex trust and estate disputes and handle many cases on a contingency basis, meaning you may not have to pay legal fees unless the case results in a recovery.
If you are facing questions about competing wills, we are here to help. Contact Geremia & Cullen today.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Execution of Wills, Cal. Prob. Code § 6110 (2009).
- Revocation and Revival, Cal. Prob. Code § 6120 (1990).
- Intestate Succession Generally, Cal. Prob. Code § 6402 (2015).
