In California, where family wealth often includes real estate, business interests, and generational trusts, what’s written in a will can spark serious conflicts among family members and heirs. Maybe your loved one changed their will shortly before passing or left someone out without explanation. Whether you’re in the Bay Area, Orange County, or a small Central Valley town, questions can start swirling fast. Was the will legitimate? Did someone influence their decisions? And most urgently, how long do you have to contest a will before it’s too late?
This guide discusses California’s will contest deadlines, what constitutes a valid challenge, and what steps you can take to protect your rights.
What Is Probate and Why Does It Matter When Contesting a Will?
Probate is the legal process of distributing a person’s estate after death. During probate, the court authenticates the will, appoints an executor, and oversees asset distribution. If someone wants to challenge the will, they must do it during this process or risk losing their chance.
Time Limit for Contesting a Will in California
How long can you contest a will? Under California law, once the court begins probate proceedings for a will, you have a limited window to contest it. The time limit depends on whether you were formally notified of the probate proceedings.
- Notice. If you receive official notice that someone filed a petition to probate the will, you have 120 days from the date the court appoints a personal representative to file a will contest.
- No notice. If you did not get notice and the will has already been admitted to probate, you may still challenge it under limited circumstances. Typically, you must do so within 120 days from the date the will was admitted to probate, but the court has discretion to extend that timeframe in certain cases.
So, can you contest a will after probate has started? Yes, but only within that short time frame.
The clock is ticking.
We’ll help you act fast, gather the right evidence, and file your challenge before it’s too late.
Who Can Contest a Will?
To contest a will, you must be an interested person. An interested person can include:
- Heirs—people who would inherit if there were no will, like children or spouses;
- Beneficiaries or devisees—anyone named as an heir in the will or a previous will;
- Creditors—someone the deceased owed money to;
- Someone with a legal or financial interest in the estate—typically, this is someone who was promised part of the estate or who may be affected by the outcome;
- Possible estate managers—such as a potential executor or administrator; and
- Fiduciaries—like a guardian or trustee acting on behalf of an interested person.
The court will look at each case to decide who qualifies based on how the issue affects that person’s rights. If the case result could change what you receive or don’t receive, you may be able to challenge the will.
Grounds for Contesting a Will
You can’t challenge a will just because you disagree with it. California law allows will contests for specific legal reasons, including:
- Formalities. California requires specific formalities when executing a will, such as witness signatures.
- Lack of mental capacity. The document may be invalid if the testator didn’t understand what they were doing when they signed the document.
- Undue influence. If someone manipulated or pressured the testator into changing their will for selfish reasons, this is undue influence and can invalidate the will or portions thereof.
- Fraud. If someone lied to the testator to get them to change the will, it may be grounds for contesting the document.
- Revocation. A newer will or legal revocation may render the current version unenforceable.
You may have a valid challenge if you believe any of these issues exist.
What Happens If You Miss the Deadline?
If you miss the time limit for contesting a will, your legal options become very limited. Courts are unlikely to reopen the case once probate ends and the estate is distributed. In rare circumstances, the court may reopen a case if there’s clear evidence of fraud that couldn’t have been discovered earlier. Speak with an attorney as soon as possible to understand your options.
Steps to Take If You Suspect a Problem
If you believe the will isn’t valid, don’t wait. Here are steps you can take immediately:
- Identify why you believe the will is invalid. Think about what feels wrong: was your loved one pressured, mentally unwell, or were the changes suspicious? Knowing the reason can help focus your legal challenge.
- Talk to an attorney. Will contests are complex and time-sensitive. A probate attorney can help you understand your rights.
- Request a copy of the will. If you haven’t seen the will, ask the court or executor for a copy.
- Gather evidence. Collect medical records, witness statements, or emails supporting your claim.
Act quickly. The clock starts ticking once probate begins, and you don’t want to miss your chance. Waiting even a few weeks could put your claim at risk.
Geremia & Cullen Can Help with Your Will Contest Case
Don’t wait to get legal guidance if you’re worried that a loved one’s will doesn’t reflect their true intentions. The time limit for contesting a will depends on when probate starts, and every day counts.
At Geremia & Cullen, you’ll work with experienced local attorneys who understand the emotional complexity of these cases. Sarah Cullen, a fourth-generation Sacramentan and former judicial extern for the U.S. District Court has deep roots in the community and a reputation for personal, ethical client relationships. Brian Geremia is a seasoned trust and estate litigator with a strong track record in inheritance disputes, recognized as a three-time Super Lawyers Rising Star and recipient of Martindale’s Client Platinum Champion award.
Our team has over 35 years of combined experience handling probate and estate litigation in California. We know how to investigate concerns thoroughly and move quickly to protect your interests. We’ve helped countless families resolve will contests fairly and respectfully. We’re here to listen, explain your options, and help you take the next step. Reach out to us today to learn how we can fight to protect your rights.
