When a loved one passes away, the last thing most families expect is a legal battle over the will. But in California, will contests are more common than you might think—and they can significantly delay the probate process, leaving heirs waiting months or even years longer for their inheritance.
Whether you’re considering challenging a will or defending against a contest, understanding California’s specific rules, legal grounds, and strict deadlines is critical. This guide breaks down everything you need to know about will contests in California probate.
What Is a Will Contest in California?
A will contest is a formal legal challenge to the validity of a deceased person’s will. In California, anyone with legal standing—typically heirs, beneficiaries, or those who would inherit under a prior will—can file an objection with the probate court.
It’s important to understand that simply being unhappy with how assets are distributed is not grounds for a will contest. California law requires specific legal reasons to invalidate a will.
Legal Grounds for Contesting a Will in California
California Probate Code recognizes several valid grounds for contesting a will:
1. Lack of Testamentary Capacity
Under California Probate Code §6100.5, the person making the will (testator) must have been of sound mind when signing. This means they understood the nature of their assets, knew who their heirs were, and comprehended what creating a will means. Dementia, Alzheimer’s, or other cognitive impairments at the time of signing can be grounds for a contest.
2. Undue Influence
One of the most common grounds for will contests in California is undue influence. This occurs when someone in a position of trust—such as a caregiver, family member, or advisor—manipulates the testator into changing their will. California Probate Code §86 defines undue influence as excessive persuasion that overcomes the person’s free will.
Red flags include:
- Sudden changes to the will benefiting a caregiver or new acquaintance
- Isolation of the testator from family members
- The influencer controlling access to the testator or their finances
3. Fraud or Forgery
If the testator was deceived into signing the will (fraud) or if the signature or document itself is fake (forgery), the will can be invalidated. This includes situations where someone misrepresented the contents of the document or tricked the testator into signing something they didn’t understand.
4. Improper Execution
California has strict requirements for valid wills under Probate Code §6110. A formal will must be:
- In writing
- Signed by the testator (or someone directed by them in their presence)
- Witnessed by at least two people who were present at the same time and understood they were witnessing a will
If these requirements weren’t met, the will may be invalid. Understanding California inheritance laws is essential when evaluating whether a will was properly executed.
5. Revocation
A will can be contested if a more recent valid will exists, or if the testator properly revoked the will before death. Revocation can occur through physical destruction, a written revocation, or creation of a new will that explicitly revokes prior versions.
Critical Deadlines for Will Contests in California
Missing a deadline can permanently bar your right to contest a will. California has strict time limits:
Before or During the First Probate Hearing: The best time to contest a will is before the court admits it to probate. Once you receive notice of the probate petition, you should file your objection before the initial hearing date.
120 Days After Admission: If you miss the first hearing, California Probate Code §8270 gives you 120 days after the will is admitted to probate to file a will contest. After this window closes, your right to challenge the will is generally lost forever.
60 Days After Notice (if improperly notified): If you didn’t receive proper notice of the probate proceedings, you have 60 days from when you actually learn about the probate to file your contest.
Pro Tip: Don’t wait until the last minute. Gathering evidence for a will contest takes time, and rushing can weaken your case. If you suspect problems with a will, consult a probate litigation attorney immediately.
The Will Contest Process in California
Here’s what to expect if you decide to contest a will in California probate court:
Step 1: File an Objection – Submit a formal written objection to the probate court stating your grounds for contesting the will.
Step 2: Discovery – Both sides gather evidence, including medical records, witness depositions, financial documents, and testimony from the attorney who drafted the will.
Step 3: Mediation (Often Required) – Many California probate courts require parties to attempt mediation before trial. This can sometimes lead to a settlement without a lengthy court battle.
Step 4: Trial – If mediation fails, the case goes to trial. A judge (not a jury) typically decides will contests in California. The burden of proof generally falls on the person contesting the will.
Step 5: Judgment – The court either upholds the will, invalidates it entirely, or invalidates specific provisions. If the will is thrown out, a prior valid will or California’s intestate succession laws determine asset distribution.
How Will Contests Impact California Probate Timelines
Standard California probate cases typically take 9 to 18 months to complete. But when a will contest enters the picture, that timeline can easily double or triple.
Will contests add significant delays because:
- The court halts asset distribution until the contest is resolved
- Discovery and depositions can take 6-12 months or longer
- Court calendars are often backed up, pushing trial dates out
- Appeals can add another year or more if either party challenges the judgment
For heirs expecting an inheritance, this means potentially waiting 2-4 years or longer before receiving any distributions. Meanwhile, bills don’t stop, and financial pressures can mount quickly.
Stuck Waiting for a Contested Probate? You Have Options
If you’re an heir caught in a prolonged probate due to a will contest, you don’t have to wait years to access your inheritance. ProbateLend provides inheritance advances to California heirs—even when a will contest is pending.
Unlike a loan, a probate advance doesn’t require credit checks, employment verification, or monthly payments. You receive cash now, and ProbateLend is repaid directly from your share of the estate when probate finally closes.
This can be a lifeline for heirs who need to:
- Cover everyday living expenses while waiting
- Pay attorney fees to participate in or defend against a will contest
- Avoid going into debt during a lengthy legal battle
- Handle unexpected emergencies without financial stress
If you’re facing what could be years of delays, contact ProbateLend for a free, no-obligation quote. Getting an advance takes as little as 24-48 hours.
Tips for Heirs Dealing with Will Contests
Whether you’re contesting a will or caught in the middle of someone else’s contest, here are some practical tips:
Document Everything – Keep records of all communications, court filings, and any evidence related to the contest.
Hire an Experienced Probate Litigator – Will contests are complex. A general practice attorney won’t have the specialized knowledge needed for these cases.
Consider the Costs – Will contests are expensive. Attorney fees, expert witnesses, and court costs can eat into the estate. Sometimes a negotiated settlement makes more financial sense than a trial.
Avoid Common Mistakes – Many heirs make errors that complicate probate even further. Review common California probate mistakes heirs make to protect yourself.
Plan for the Long Haul – Will contests rarely resolve quickly. Budget your time and finances accordingly, and explore options like probate advances if cash flow becomes an issue.
The Bottom Line
Will contests in California are serious legal matters with strict deadlines and significant consequences. If you believe a will is invalid due to lack of capacity, undue influence, fraud, improper execution, or revocation, you must act quickly—ideally before the first probate hearing, but no later than 120 days after the will is admitted to probate.
These disputes can extend an already lengthy probate process by years, creating financial hardship for heirs waiting on their inheritance. If you find yourself stuck in a contested probate, remember that inheritance advances from ProbateLend can provide immediate financial relief while you wait for the legal process to unfold.
Need cash while waiting for a contested California probate to settle? Apply for a probate advance today—no credit check, no monthly payments, and funding in as little as 24 hours.