How to contest a will in California.
When a will doesn’t reflect what your loved one actually wanted — because of manipulation, incapacity, or something that simply isn’t right — California law gives certain people the right to challenge it. But the window is short: 120 days. Brandon Smith handles will and trust contests across California.
Free consultation. The 120-day deadline runs from the date the will is admitted — call today.
Time-sensitive
120
days to file
A California will contest generally must be filed within 120 days of the will being admitted to probate. After that, the right to challenge is usually gone.
A legal argument that the will should not stand.
A will contest is a formal challenge, filed in probate court, asking a judge to invalidate a will — in whole or in part — because it doesn’t reflect the true, freely made intentions of the person who signed it.
California law assumes a will is valid. Contesting one means proving a specific legal ground with real evidence, brought by someone the law recognizes has standing to raise it. It is not a tool for relitigating family disappointment — but where there was genuine incapacity, undue influence, fraud, or a defect in how the will was executed, it is the remedy.
The same principles apply to trust disputes. If you believe a trust or an amendment to one doesn’t reflect what your loved one truly wanted, the grounds and the strategy run closely parallel.
Four reasons a will can be challenged.
A contest needs a legal ground — not just a feeling that something is off. These are the four California courts recognize most often.
- 01
Lack of testamentary capacity
The person signing must have understood what they owned, who would naturally inherit, and what the will did. If they didn’t — because of dementia, illness, or medication — the will can be challenged.
- 02
Undue influence
When someone coerces or manipulates a vulnerable person into a will that benefits them unfairly. Courts look closely at sudden, unusual changes to an estate plan late in life.
- 03
Fraud or forgery
A will signed because the person was deceived about what they were signing — or a signature that isn’t genuine — is not a valid will.
- 04
Improper execution
California requires a will to be in writing, signed by the testator, and witnessed by at least two people present at the same time. If those formalities were skipped, the will may be invalid.
The process
From first call to resolution.
Most contests never reach a courtroom — but every one we take is built as if it will.
- 01
Confirm standing and grounds
We evaluate whether you have a direct financial interest in the estate and whether the facts support a real legal ground — before you spend money or strain a family relationship.
- 02
File the contest in probate court
If you have a case, we file a petition in the probate court handling the estate, laying out the claims and the legal basis for setting the will aside — inside the 120-day window.
- 03
Build the evidence
Medical records, expert opinions on capacity, witness testimony, prior wills, and communications showing manipulation or fraud. The contest is only as strong as what supports it.
- 04
Mediate, settle, or try the case
Most contests resolve through mediation or settlement. If yours can’t, we take it to trial — where the court weighs the evidence and decides whether the will stands.
Will contest questions
What families considering a will or trust challenge ask us most. The deadline is short — if yours isn’t answered here, call.
How do you contest a will in California?
You file a petition in the probate court where the estate is being administered, stating the legal grounds the will should be invalidated — and you back it with evidence. The process generally runs: consult an attorney to confirm you have standing and grounds, file the contest, gather evidence, attempt mediation or settlement, and go to trial if no settlement is reached. There is a strict 120-day deadline, so the first step is talking to a probate attorney quickly.
What is the deadline to contest a will in California?
A will contest generally must be filed within 120 days of the will being admitted to probate. Miss that window and you usually lose the right to challenge it, except in rare exceptional circumstances. Because the clock is short and unforgiving, do not wait — even an initial consultation should happen well inside that window.
Who is allowed to contest a will?
Only someone with a direct financial interest in the estate — what the law calls standing. That typically means heirs who would inherit if there were no will, beneficiaries named in an earlier will but cut out of the current one, and spouses or domestic partners with community property rights. We confirm you have standing before anything is filed.
What are valid grounds to challenge a will?
California recognizes several: lack of testamentary capacity (the person didn’t understand their property or who would inherit), undue influence (someone coerced or manipulated them), fraud or forgery, and improper execution (the will wasn’t signed and witnessed correctly — California requires it be in writing, signed by the testator, and witnessed by at least two people present at the same time). A will can also be challenged as revoked. Disliking the outcome is not, by itself, a ground.
Do most will contests go to trial?
No. Many California will contests are resolved through mediation or negotiated settlement, which usually saves time, money, and family strain. We pursue settlement where it serves you — but we prepare every case as if it will be tried, so you are never negotiating from weakness.
What happens if a will contest succeeds?
It depends on the case. Sometimes the entire will is invalidated, and a prior will or California’s intestate succession rules govern instead. Sometimes only specific provisions are struck while the rest stands. California courts work hard to honor the true intent of the person who died — and will set a will aside when the evidence of incapacity, fraud, undue influence, or improper execution is convincing.
Not sure you even have a case? That’s the call to make.
Tell us what happened and what feels wrong. We’ll tell you whether there’s a legal ground, whether you have standing, and whether you’re still inside the 120-day window — before you spend a dollar or strain a relationship.
Brandon Smith · CA Bar #308604 · Admitted 2015 · Granite Bay