How Long Do You Have to Contest a Will in California? Critical Time Limits (2025)

The short answer: You have 120 days after the will is admitted to probate to contest it in California - or you must contest before it's admitted. After this deadline, you generally lose the right to challenge the will forever.

This is one of the strictest deadlines in California law. Miss it, and an invalid will stands - even if it was procured by fraud or undue influence.

This guide explains California will contest time limits, grounds for contesting, the contest process, and how to protect your rights before time runs out.

California Will Contest Deadline: The 120-Day Rule

Under California Probate Code Section 8226:

You must file will contest:

• BEFORE the will is admitted to probate, OR
• Within 120 days AFTER the will is admitted to probate

Whichever is later.

How the Deadline Works

Scenario 1 - You know about probate early:

• Probate petition filed January 1
• You receive notice
• Hearing scheduled February 15
• You must contest BEFORE February 15 hearing

Scenario 2 - Will admitted before you contest:

• Will admitted to probate March 1
• You have until approximately July 1 (120 days) to file contest
• This is your absolute deadline

Scenario 3 - You didn't receive proper notice:

• May have extended time if no notice or improper notice
• But must prove lack of notice
• Don't rely on this - act immediately if suspicious

Why Is the Deadline So Strict?

California law wants finality in probate:

• Executors need to know if will is valid
• Beneficiaries need certainty
• Creditors need to file claims
• Assets need distribution

After 120 days, the will is presumed valid and probate proceeds. Courts rarely allow late contests except in extraordinary circumstances.

What Happens If You Miss the Deadline?

You lose the right to contest - except in very rare cases:

Possible exceptions:

• Later-discovered fraud (didn't know, couldn't have known)
• Forgery discovered after deadline
• No will actually exists (document claimed as will is fake)
• You lacked mental capacity during 120-day period
• You were a minor during contest period

But don't count on exceptions. Courts strictly enforce the 120-day deadline.

Grounds to Contest a Will in California

To contest successfully, you need both:

1. Legal standing (you'd benefit if contest succeeds)
2. Valid grounds (legal reason to invalidate will)

Valid Grounds for Will Contest:

1. Lack of Testamentary Capacity

Testator (will-maker) didn't understand:

• Nature of making a will
• Nature and extent of their property
• Natural objects of their bounty (family)
• How the will distributes property

Evidence needed:

• Medical records showing dementia, Alzheimer's
• Doctor testimony about capacity
• Witnesses to confused state
• Prior wills showing different mental state

Important: Capacity judged at time will was signed, not before or after.

2. Undue Influence

Someone exerted excessive pressure overpowering testator's free will.

California Probate Code Section 86 elements:

1. Person susceptible to influence (elderly, ill, dependent)
2. Opportunity to influence (access, control)
3. Disposition to influence (motive - benefiting themselves)
4. Unnatural result (cutting out natural heirs)

Common undue influence scenarios:

• Caregiver isolates elderly person from family
• New romantic partner gets everything
• One child controls parent, excludes siblings
• Attorney/financial advisor becomes beneficiary

Presumption of undue influence arises when:

• Beneficiary had confidential relationship with testator
• Beneficiary participated in will preparation
• Beneficiary received unnatural benefit

Burden shifts: Then beneficiary must prove NO undue influence.

3. Fraud

Someone deceived testator about:

• Contents of will
• Who benefits
• Nature of document signed
• Material facts affecting distribution

Example: "This document is a power of attorney" when it's actually a will.

4. Forgery

• Signature not testator's
• Pages added/removed
• Alterations after signing
• Testator didn't sign voluntarily

Proof: Handwriting experts, witnesses to signing

5. Improper Execution

California will requirements (Probate Code 6110):

• Written document
• Signed by testator (or someone at testator's direction)
• Two witnesses present simultaneously
• Witnesses sign during testator's lifetime

Failures that invalidate will:

• Only one witness
• Witnesses signed at different times
• Witnesses not present when testator signed
• No witnesses at all

6. Revocation

Later will exists:

• New will revokes old will
• Testator destroyed old will
• Testator married after will (partial revocation)

7. Duress or Menace

Testator threatened or coerced into signing.

Who Has Standing to Contest?

You can contest if you're:

• Named beneficiary in prior will
• Heir under intestacy (no-will laws)
• Person whose inheritance would increase if contest succeeds

Cannot contest if:

• You're named beneficiary in will being contested (and no prior will)
• You wouldn't inherit even if will invalidated
• You waived contest rights

The Will Contest Process in California

Step 1: File Contest Before Deadline (Critical!)

File with probate court:

• Will Contest petition
• State your relationship
• Assert standing
• Specify grounds (capacity, undue influence, etc.)
• Request will be denied admission or invalidated

Fee: ~$465 court filing fee

Step 2: Discovery Phase

Both sides gather evidence:

• Medical records
• Financial records
• Emails/correspondence
• Witness depositions
• Expert evaluations
• Drafts of will
• Testator's communications

Duration: 6-18 months typically

Step 3: Mediation (Often Required)

LA County usually requires mediation before trial:

• Neutral mediator
• Attempt settlement
• Confidential discussions
• May resolve without trial

Benefit: Trial is expensive and uncertain

Step 4: Trial

If no settlement:

• Present evidence to judge
• Witness testimony
• Expert witnesses
• Cross-examination
• Judge decides (no jury in will contests)

Timeline: Trials often 1-2+ years from contest filing

Step 5: Decision and Appeal

Judge rules:

• Will admitted (contest fails)
• Will denied (contest succeeds - prior will or intestacy)
• Partial invalidation (some provisions stricken)

Losing party can appeal (adds 1-2 years)

How Long Does a Will Contest Take?

Typical timeline:

• Uncontested probate: 12-18 months
• Will contest (settled): 18-30 months
• Will contest (trial): 2-4 years
• Will contest (appeal): 3-5+ years

Factors affecting duration:

• Complexity of estate
• Number of parties
• Evidence availability
• Court calendar
• Settlement negotiations

Cost of Contesting a Will California

Legal fees:

• $10,000-$50,000+ for simple contest
• $50,000-$200,000+ for complex/high-value estate contest
• $200,000+ if goes to appeal

Expert witnesses:

• Medical experts: $5,000-$15,000
• Handwriting experts: $3,000-$10,000
• Financial experts: $5,000-$20,000

Court costs:

• Filing fees
• Deposition costs
• Document copying
• Trial exhibits

If you lose:

• Usually pay your own fees
• May be ordered to pay opponent's fees (if contest was frivolous)

If you win:

• May recover fees from estate
• May recover from wrongdoer if undue influence/fraud proven

Can You Avoid a Will Contest?

Estate planning strategies to prevent contests:

✓ No-contest clause (in terrorem clause)

• Disinherits anyone who contests
• Only enforceable if contest lacks probable cause
• Leave contestant small amount to lose

✓ Video recording of signing

• Shows capacity
• Demonstrates voluntary act
• Proves no undue influence present

✓ Attorney certification

• Attorney supervises signing
• Attorney questions testator
• Documents capacity

✓ Medical evaluation before signing

• Doctor evaluates capacity
• Contemporaneous records
• Expert testimony available

✓ Explain reasoning in will

• Statement why someone excluded
• Shows intent was deliberate
• Harder to claim mistake

✓ Use living trust instead

• Different contest standards
• Can be harder to contest
• More privacy

What Happens During Will Contest to Probate?

Probate is STAYED (frozen) until contest resolved:

• No assets distributed
• No final accounting
• Estate administration limited
• Executor can only preserve assets, pay expenses

This is expensive for estate:

• Ongoing fees mounting
• Property maintenance costs
• Assets possibly declining in value

Partial Will Contests

You can contest:

• Entire will
• Specific provisions only
• Later amendments/codicils

Example: Contest provision leaving everything to caregiver, but accept provisions for family.

Settlement of Will Contests

Most will contests settle because:

• Trials are expensive
• Outcomes uncertain
• Family wants resolution
• Estate depleting

Typical settlement:

• Contestant receives percentage
• Other beneficiaries keep remainder
• Everyone saves legal fees
• Confidential agreement

Undue Influence - Most Common Contest Ground

Why undue influence is most common:

• Difficult to prove capacity (medical records needed)
• Easier to show improper influence
• Presumption shifts burden
• Jury-friendly claim

Classic undue influence case:

1. Elderly parent dependent on one child
2. Child isolates parent from other siblings
3. Child controls parent's finances, healthcare
4. Parent changes will to favor controlling child
5. Other children completely disinherited

Proving undue influence:

• Show confidential relationship
• Show active participation in will drafting
• Show unnatural result
• Shift burden to beneficiary

What If You Suspect Undue Influence?

Act immediately:

• Don't wait for probate
• Gather evidence now
• Interview witnesses
• Get medical records
• Document timeline
• Hire attorney ASAP

Evidence needed:

• Medical records (vulnerability)
• Communications showing control
• Financial records showing influence
• Witnesses to isolation
• Prior wills showing different intent
• Attorney who drafted will (if pressured)

When to Hire Will Contest Attorney

Contact attorney if:

• You believe will is invalid
• Testator lacked capacity
• Suspicious circumstances around signing
• Beneficiary had undue influence
• You're being pressured to accept unfair will
• You're executor facing contest
• Family disputes about will validity

Time is critical - evidence disappears, witnesses forget, deadlines pass.

Will Contest vs. Trust Contest

Different rules apply:

Will Contest:

• 120-day deadline after admission
• Public court proceeding
• Probate Code governs

Trust Contest:

• Different deadlines (60-120 days depending)
• Can contest during trustor's life (if lacking capacity)
• Some trusts more private

Protecting Your Rights

If you think you should contest:

1. Act within days of learning about will, not months
2. Hire experienced probate litigation attorney
3. Gather evidence immediately
4. File contest before deadline (even if still investigating)
5. Don't discuss with other family (they may oppose)
6. Preserve all documents
7. Interview witnesses while memory fresh
8. Get medical records ASAP
9. Consider settlement early
10. Don't delay - deadlines are STRICT

Frequently Asked Questions

What happens if I miss the 120-day deadline to contest a will in California?

If you miss the 120-day deadline, you generally lose the right to contest the will forever, and it stands as valid even if procured by fraud or undue influence. Courts strictly enforce this deadline and rarely allow late contests except in extraordinary circumstances such as later-discovered fraud you couldn't have known about, forgery discovered after the deadline, or if you lacked mental capacity during the contest period. Don't count on exceptions—act immediately if you suspect a will is invalid.

Can you contest a will before someone dies in California?

No, you cannot contest a will before the testator dies in California. A will has no legal effect until death, and the person can change or revoke it at any time while alive. However, if you suspect undue influence or lack of capacity while the person is still living, you should document evidence, consult an attorney, and be prepared to act immediately after death. For living trusts, different rules apply and contests may be possible during the trustor's lifetime in certain circumstances.

What is the most common reason to contest a will in California?

Undue influence is the most common ground for will contests in California because it's often easier to prove than lack of capacity and carries a favorable legal presumption. Classic cases involve an elderly person dependent on one caregiver or family member who isolates them from others, controls their finances and healthcare, and procures a new will disinheriting natural heirs. When the beneficiary had a confidential relationship and participated in will preparation, the burden shifts to them to prove no undue influence occurred.

How much does it cost to contest a will in California?

Will contest costs typically range from $10,000 to $50,000 for simple cases, $50,000 to $200,000 for complex or high-value estates, and over $200,000 if the case goes to appeal. Additional costs include expert witness fees for medical, handwriting, and financial experts ranging from $3,000 to $20,000 each, plus court costs and deposition expenses. If you lose, you usually pay your own fees and may be ordered to pay opponent's fees if the contest was frivolous. If you win, you may recover fees from the estate or from wrongdoers.

Do all will contests go to trial in California?

No, most will contests settle before trial because litigation is expensive, outcomes are uncertain, and families want resolution while estate assets deplete. Los Angeles County courts typically require mediation before trial, where a neutral mediator helps parties negotiate settlement. Typical settlements involve the contestant receiving a percentage of the estate while other beneficiaries keep the remainder, with everyone saving substantial legal fees and reaching confidential agreements that preserve family relationships.

Free Consultation - Will Contest Attorney

If you're considering contesting a will or defending against a contest, time is critical. California's 120-day deadline is unforgiving.

Our Los Angeles County probate litigation attorney has handled hundreds of will contests involving:

• Undue influence
• Lack of capacity
• Elder financial abuse
• Fraud and forgery
• Improper execution
• Family disputes

We can help you:

• Evaluate contest grounds
• Gather evidence
• File contest before deadline
• Navigate litigation
• Negotiate settlement
• Protect your inheritance rights

Free consultation: (818) 291-6217

Don't wait until it's too late. Call today to discuss your situation and protect your rights.

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Attorney Rozsa Gyene (State Bar #208356) has litigated will contests in Los Angeles Superior Court for 25+ years. This guide reflects California law as of January 2025.

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