The time following the death of a loved one can be emotional for many. While it is often a time of grief and reflection, it can also involve conflict among family members, confusion about legal rights, and concerns about fairness. This is especially true when it comes to probate and questions about whether your loved one’s will truly represents their final wishes. With doubt about a will’s validity comes the question, How long do you have to challenge a will in California?
At Geremia & Cullen, we help clients throughout Sacramento and California navigate trust and estate disputes, including will contests and probate litigation. We focus on helping clients understand the legal issues, the emotional realities of the dispute, and the probate process itself so they can make informed decisions about what comes next.
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How Long Do You Have to Challenge a Will in California?
After someone dies (the decedent), their loved ones often go through probate, which is the court process for transferring property, paying debts, and administering the estate. If the person left a will, one of the probate court’s early tasks is to decide whether to accept it as legally valid and a genuine expression of their wishes.
The clock on how long you have to challenge a will does not begin running until someone brings the will to court. The court then has to determine whether the will is valid. If it does, you have 120 days to raise a challenge and ask the court to throw out the will.
How Do Will Contests Work?
A will contest asks the probate court to decide whether a will is legally valid. The process usually begins when someone with a financial interest in the estate objects to the will or files a petition challenging it.
After the challenge begins, the parties gather evidence related to the will and the circumstances surrounding its creation. That evidence may include medical records, communications, financial documents, witness testimony, and earlier estate planning documents. The probate court then decides whether the will satisfies California law. In some cases, the dispute resolves through mediation or settlement before trial.
Who Can Challenge a Will?
Not everyone has the right to challenge the will. Those who may have the right to contest a will include:
- Children or other heirs who would inherit if no valid will existed,
- Beneficiaries named in an earlier will,
- Beneficiaries who would receive more under a prior estate plan, and
- Individuals whose financial interests depend on whether the court enforces the will.
California probate law refers to these individuals as “interested persons.”
What Are the Grounds to Challenge a Will?
To challenge a will, you have to have a legal reason to suspect the will is not valid. You can initiate a will contest based on several grounds to challenge a will under the law.
Lack of testamentary capacity
To create a valid will, its creator must have understood the document and the effect of signing it. You can contest a will based on a person lacking legal capacity if they could not understand:
- That they were signing a will,
- The general nature of their property,
- Who might typically inherit, and
- How the will affected the people expected to inherit.
Medical records, witness observations, and communications from the period surrounding the signing may become important evidence in questions of mental capacity.
Undue influence
Undue influence happens when someone pressures, manipulates, or controls a vulnerable person into creating or changing a will. These cases may involve allegations that someone:
- Isolated the deceased person from loved ones,
- Controlled access to finances or medical care,
- Pressured the person to change the estate plan, or
- Benefited substantially from a sudden change in the will.
California law generally allows challenges based on deception, threats, or improper pressure that caused the person to change their will instead of acting independently.
Improper execution
California law requires wills to comply with specific signing and witnessing requirements. If the decedent failed to sign the will or did not have it properly witnessed, the will may be legally invalid.
Forgery or Document Tampering
Some will contests involve allegations that the deceased person never signed the will or that someone altered the document after its creation. These claims may involve issues such as:
- Suspicious signatures,
- Missing pages,
- Conflicting versions of the will, or
- Unusual changes near the time of death.
Forgery and tampering claims often require careful review of records, witness testimony, and the timeline surrounding the document.
Need to challenge a will in California?
Strict deadlines may apply once probate begins. Our attorneys can review your case and help you protect your rights before time runs out.
What Happens If the Will Contest Succeeds?
If the challenge succeeds, the probate court typically refuses to enforce the will. Depending on the circumstances, the court may:
- Probate an earlier valid will,
- Declare certain provisions in the will legally unenforceable, or
- Require the estate to proceed under California law instead of the will.
The court’s ruling depends on the specific facts, estate documents, and court findings in the case.
How to Challenge a Will in California
To challenge a will, you file specific legal paperwork with the probate court explaining why you object to the will. The process for how to challenge a will depends on where, procedurally, the estate is in the probate process.
If the court has not yet approved the will, an interested party must file a written objection before the hearing where the judge decides whether to admit the will. If the court has already approved the will, the person challenging it may need to file a petition to revoke probate within the applicable deadline.
Many California estate disputes resolve through negotiation or mediation instead of trial, but you typically provide details about how you resolved your conflict to the court.
Speak with a California Will Contest Attorney
At Geremia & Cullen, we represent clients throughout California in will contests, trust disputes, and probate litigation. We understand the legal, financial, and emotional concerns that impact will contests. Contact us to discuss your situation and learn more about your legal options.
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:
- General Provisions, Cal. Prob. Code § 6100.5 (2020).
- Execution of Wills, Cal. Prob. Code § 6110 (2009).
- Intestate Succession Generally, Cal. Prob. Code § 6400 (1990).
