How to Contest a Will in California – Legal Steps Explained
Introduction
If you believe a loved one’s will in California is unfair or invalid, the law allows you to contest it through probate court.
Here’s a clear breakdown of who can file, valid legal reasons, and how to start the process.
1. Who Can Contest a Will
Under California Probate Code Section 8250, only people with a direct interest in the estate can challenge a will, such as:
- Spouse, children, or parents
- Named or disinherited beneficiaries
- Creditors with financial claims
2. Legal Grounds to Challenge a Will
You must have a valid legal reason, including:
- Lack of capacity – the person was not mentally sound when signing
- Undue influence or coercion
- Fraud or forgery
- Improper execution (missing witnesses or signatures)
- Existence of a newer valid will
3. Time Limit to File
You have 120 days from the date the will is admitted to probate to file your objection.
Missing this deadline may permanently bar your claim.
4. How to Contest a Will
- Hire a probate litigation attorney to review your case
- File an objection in probate court
- Notify all interested parties
- Present your evidence (medical records, witness statements, etc.)
- Mediation or trial – depending on how both sides proceed
5. If the Will Is Invalid
If the court declares the will invalid, the estate is distributed under:
- A previous valid will, or
- California intestate succession laws (if no valid will exists).
6. Why You Need a Probate Lawyer
Contesting a will involves strict deadlines and legal complexities. A lawyer can:
- Assess your claim
- File paperwork correctly
- Represent you in court or settlement discussions
At Inheritance Recovery, we help families protect their rightful inheritance through skilled probate litigation.
Conclusion
If you suspect a will in California is unfair or forged, act quickly — the window to contest is limited.
Contact Inheritance Recovery today for expert help from California probate attorneys.
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