Grieving takes time. Caring for your loved ones takes time. But litigation to protect your family? That can move too quickly for you to catch your breath. So, when dealing with a conflict over a departed loved one’s estate or the administration of a trust, you should know the trust and estate dispute deadlines in California.
At Geremia & Cullen, PC, we guide families through complex estate disputes with transparency, compassion, and results. We work hard to make sure our clients understand every step of the legal process and feel supported at every turn. Typically, you have just a handful of months to contest an estate matter. We can help you understand your obligations and options when an issue comes up.
What Makes a Will or Trust Valid?
Before discussing trust and estate dispute deadlines in California, let’s look at the basics, including what makes these estate planning tools valid or invalid.
What Does a Valid Will Require?
In general, a valid will in California must be:
- Created by a person who is at least 18 years old and of sound mind (the testator),
- In writing and signed by that individual,
- In the presence of two competent witnesses,
- Who must also sign in each other’s presence during the testator’s lifetime.
If your loved one left a valid will, an interested party can submit it to probate, which allows payment of your loved one’s debts and distribution of their assets according to the document’s terms.
What Makes a Trust Valid in California?
Many trusts are written and signed, but some oral trusts may be valid. Regardless of the form, a California trust must be:
- Created by someone (the settlor) with the capacity to understand the nature and consequences of the trust,
- Established with the clear intent to create a trust,
- Funded with property, and
- Created for a lawful purpose.
There are many rules for creating an enforceable will or trust. If you notice something is off about either, you might have the right to object.
Grounds for Contesting a Will or Probate in California
You can challenge a will or probate if you believe something is legally wrong. Common grounds for objecting include claims that the:
- Testator lacked capacity when they created or changed the will;
- Testator was under undue influence when they created the will;
- Will was a result of fraud, duress, undue influence, or menace;
- Will was not properly executed; and
- Will was revoked or changed, and the probate court has the wrong version.
If you are unsure whether any of the above grounds apply to your case, don’t worry. We can walk you through all the legal claims available and how to make them.
The Deadline to Dispute a Will in California
Beneficiaries, heirs, and creditors of a deceased person (decedent) must receive notice about the administration of a decedent’s estate at least 15 days before it happens. If you disagree with a will admitted for administration, you typically have 120 days from the opening of probate to object. However, if you were younger than 18 or lacked the mental capacity to file an objection when probate opened, you can object any time before the final distribution happens.
Grounds for Contesting a Trust in California
Contesting a trust or its administration follows similar legal grounds to contesting a will, including:
- The settlor lacked capacity,
- Improper creation,
- The trust’s purpose was illegal or against public policy,
- Undue influence,
- Fraud,
- Duress,
- Improper administration, and
- Violation of the trust’s terms.
Trusts can be revocable or irrevocable, and depending on the type of trust, your time limit to contest a trust in California may differ from another person’s.
The Time Limit to Contest a Trust in California
Knowing when to file trust litigation can help you legally and emotionally prepare for taking action. If all or part of a revocable trust becomes irrevocable, the trustee must send notice about the change to beneficiaries and heirs. If you receive this notice, you have 120 days from the date the trustee delivers the notice or 60 days from the date the trustee delivers the trust terms to file a contest.
If you are not dealing with an irrevocable trust but have concerns about trust administration, you can take legal action against the trustee for a breach of fiduciary duties. You must object to the trustee’s actions within four years of their breach.
Feel like something’s off with a loved one’s estate?
We’ll walk you through your rights, the key deadlines in California, and how to take action—without adding more stress to your life.
How Do I Object?
When you are ready to object to a trust or will matter, you must:
- Submit a written petition to the court,
- Serve your legal paperwork and a summons on the involved parties,
- Give your opponents time to respond, and
- Attend a hearing (or engage in another form of resolution).
A few months is not enough time to start a fight for your rights in probate court, but we can make the process easy. An experienced trust and estate attorney from Geremia & Cullen can champion your rights while you tend to your loved ones and personal needs.
We Are Here for You
At Geremia & Cullen, PC, we’ve helped countless clients like you in California. We know how overwhelming trust and estate fights can feel, and we can protect you. We are a team of top-rated attorneys passionate about empowering, guiding, and supporting clients in probate and trust matters.
We can review your case, explain your options, and help ensure you don’t miss your chance to be heard. You don’t have to take this on alone. Let us help you protect your loved one’s legacy and your peace of mind. Contact us online or by phone to schedule a consultation.
Resources:
- Wills: General Provisions, Cal. Prob. Code § 6100 (1996), link.
- Execution of Wills, Cal. Prob. Code § 6110 (2009), link.
- Creation and Validity of Trusts, Cal. Prob. Code §§ 15200-15212 (1990, 1991, and 2009), link.
- Legal Mental Capacity, Cal. Prob. Code §§ 810-813 (1997 and 1999), link.
- Ineffective execution of revocation of will term, Cal. Prob. Code § 6104 (1990), link.
- Service of Notice of Hearing, Cal. Prob. Code § 8110 (2018), link.
