How to Contest a Will in California and When You Should Do It

Losing a loved one is tough enough, but disputes over their will can make things even more stressful. 

In California, you can challenge a will by filing a petition in probate court within 120 days of the will being admitted to probate, or by objecting at the initial probate hearing if it hasn’t been admitted yet. Only “interested parties” can contest a will, and you must have valid grounds.

At Desert Law Group, we’ve been guiding Californians through estate planning for more than 25 years. While challenging a will can be difficult, it’s sometimes necessary to ensure fairness and honor your loved one’s wishes.

Grounds for Contesting a Will in California

You must have valid legal reasons to challenge a will in California successfully. These reasons aren’t about simply disagreeing with how assets are distributed—they must meet specific legal standards.

Lack of Testamentary Capacity

For a will to be valid, the person creating it (the testator) must have the mental ability to:

• Understand they’re making a will.
• Know the nature and extent of their property.
• Recognize the people who are entitled to inherit from them (like family members).

If the testator lacked this ability—perhaps due to conditions like dementia, severe mental illness, or the influence of drugs or alcohol—the will could be challenged. Evidence like medical records or witness testimony is critical to prove this claim.

Undue Influence

Undue influence occurs when someone pressures or manipulates the testator into making a will or changing it against their true intentions.

Signs of undue influence might include:

• Isolation of the testator from family or friends.
• Sudden changes in the will that benefit one person disproportionately.
• The involvement of a caregiver or trusted person in drafting the will.

Proving undue influence often involves uncovering patterns of manipulation or coercion, supported by witnesses or financial records.

Fraud

Fraud happens when someone intentionally deceives the testator, causing them to create or alter their will based on false information.

Examples include:

• Forging the testator’s signature.
• Misleading the testator about the contents of the will.
• Hiding or destroying an earlier will.

Fraud is tough to prove, requiring solid evidence like handwriting analysis or witness testimony.

Improper Execution

California law has specific requirements for a valid will:

• The will must be in writing.
• The testator must sign it (or someone can sign on their behalf under strict conditions).
•  Two people must witness and be present at the same time when the testator signs the will.

Missing any of these steps could invalidate the will. 

Revocation

A will can be revoked if:

• The testator intentionally destroys it. A newer will replaces it.

If an earlier, revoked will is mistakenly submitted to probate, it could be contested.

The Will Contest Process in California

Timing and preparation are key if you’re considering contesting a will.

1. Determine Your Standing

Only certain people have the legal right to contest a will, including:

• Beneficiaries named in the will or a previous version.
• Family members who would inherit under California’s intestacy laws if there were no will.
• Creditors with valid claims against the estate.

2. Act Quickly

California law has strict deadlines for contesting a will:

• Before probate starts: You can challenge the will before it’s officially admitted to probate.
• After probate starts: There’s a 120-day window to file a contest.

3. File a Petition

The first legal step is filing a petition with the probate court. The petition should clearly state your reasons for contesting the will and include supporting facts.

4. Gather Evidence

Strong evidence is essential to support your case. This might include:

• Medical records showing a lack of capacity.
• Witness testimony about undue influence or fraud.
• Financial documents revealing unusual transactions.
• Opinions from professionals like doctors or handwriting analysts.

5. Attend Hearings

Once the case is filed, there may be court hearings. These could involve mediation to resolve disputes or a trial where a judge decides the outcome.

Things to Consider While Contesting a Will

Contesting a will is a big decision with financial, legal, and emotional considerations. Before moving forward, here are a few critical factors to think about:

Burden of Proof

You are fully responsible for proving your claims if you contest a will. This means you’ll need strong evidence, whether it’s medical records, witness statements, or other documentation, to support your case. 

The more compelling your evidence, the better your chances of success.

No-Contest Clauses

Some wills include a no-contest clause to discourage disputes. These provisions can disinherit anyone who challenges the will and loses. 

Before contesting a will with this type of clause, carefully weighing the risks is crucial. A failed contest could mean losing any inheritance entirely. 

Financial and Emotional Costs

Will contests can take a toll, both financially and emotionally:

• Expensive: Legal fees, court costs, and witnesses can add up quickly.
• Time-Consuming: The process often spans several months or even years before reaching a resolution.
• Emotionally Draining: Disputes over a will can create tension within families, adding stress during an already difficult time.

When Should You Consider Contesting a Will?

You should think seriously about contesting a will if:

• You have strong evidence to support your claims.
• The potential benefits outweigh the financial and emotional costs.
• You’re prepared for the challenges ahead.

Facing a Will Contest in California? Desert Law Group Can Help

At Desert Law Group, we understand the challenges of contesting a will. Our experienced team is here to guide you with compassion and care. If you’re considering challenging a will or have questions about probate, call us at 760-239-5661 for a confidential consultation. Let us help you protect your loved one’s legacy.