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Last Modified on Nov 03, 2025
A will is a foundational document that details how a person’s estate should be settled following their death. For a will to be enforceable, it must be properly executed under California law, and its instructions must be legally valid. If you have concerns over how a will is being interpreted, you may be wondering, “Can you contest a will in California?” Read on to learn the basics of how that process works and the grounds for taking action
Common Grounds for Contesting a Will
Disputes over wills are far more common than many families expect, especially in a state where property values create significant financial stakes. California saw 63,609 probate filings in FY 2023–24. In communities like Los Angeles, where the average home value in Burbank is $1,160,955, and Sherman Oaks homes average around $1.31 million, even a single asset can become a major point of contention during probate.
Common grounds for contesting a will typically involve:
- Questions of undue influence, where someone may have pressured the decedent to change their estate plan
- Lack of capacity, which is often tied to cognitive decline or medical conditions
- Improper execution, such as missing signatures or witnesses.
Allegations of fraud, forgery, or disputes over newer versus older versions of the will are also frequent sources of conflict. These issues arise across Los Angeles, from Brentwood to Silver Lake to Echo Park, especially when emotions run high and valuable property is involved.
Such cases are typically heard at the Stanley Mosk Courthouse, Los Angeles County Probate Division, 111 N. Hill Street, Los Angeles, CA 90012.
How to Contest a Will in California
When someone challenges a will, they must file an objection with the court. After the objection is filed, the court issues a summons and serves it, along with the objection, on everyone who must be notified about the estate.
The summons follows standard civil procedure rules and tells those receiving it that they have 30 days to file a written response to the will contest. The person named as executor does not have to defend the will until they are officially appointed as the personal representative.
When all parties respond, the case may proceed to discovery, settlement discussions, or a full evidentiary hearing at which the court decides whether the will stands or is set aside. The outcome of a will contest often hinges on the petitioner’s attorney and their experience handling complex probate disputes.
Why You Should Hire a Will Contest Lawyer
If you are preparing to contest a will or fight someone else’s efforts to do so, your first step should be to hire a will contest lawyer. California’s will contest laws are complex and require parties to a case to present evidence to back their claims. With representation from a California will contest attorney, you can benefit from their years of experience managing complex will contest cases with favorable outcomes.
Lawyers can assess your case to determine its strengths and potential challenges you may face. They can then take decisive action to further your goals in court by filing motions and addressing the court on your behalf. Throughout the process, your lawyer can work to negotiate favorable terms for resolving the dispute so that the process of settling the estate can move forward.
FAQs
What Evidence Is Needed to Contest a Will in California?
To prove that a will can lawfully be contested, you will need to work with an attorney to gather evidence that the testator lacked the capacity to know what they were signing. This could include medical records that show cognitive decline. Or you can gather evidence to show that there was undue influence at the time the will was signed. Evidence for this could include testimony from a witness who can corroborate your claim.
What Is the Time Limit to Contest a Will in California?
California gives you 120 days from the date the will is admitted to probate to file a will contest. This deadline is set by California Probate Code § 8270, published by the Legislature. If you miss the 120-day window, the court will almost always refuse to hear the challenge. Acting quickly once the probate case is opened is the only way to preserve your right to contest the will.
What Are the Chances of Winning a Contested Will?
The chances of winning a contested will case can be strong when you work with an experienced attorney and have evidence to back up your claim. The grounds for contesting a will are specific and limited. An attorney can examine the will and the circumstances surrounding its execution to determine whether there was undue influence by an outside party or whether the estate owner was of sound mind at the time the will was signed.
How Hard Is It to Contest a Will in California?
Successfully contesting a will is never easy, but it can be done successfully when the evidence supports your efforts. Legal representation can play a crucial role in ensuring that the courts consider the evidence and arguments you present.
An attorney with experience in such matters can argue that the decedent was not of sound mind when drafting or signing the document. Regardless of the legal basis for contesting a will, an attorney’s help can prove crucial.
Need Help Determining Whether You Can Contest a Will in California? Contact Barry Law Group Today
Challenging a will in California involves strict deadlines, detailed evidence, and a clear understanding of probate law. If you believe a loved one’s wishes were not properly reflected in their final documents, it is important to act quickly and understand your legal options. These disputes can be emotionally charged and highly technical, which is why legal representation is crucial.
Barry Law Group can review the will, evaluate the strength of your concerns, and guide you through the legal steps required to protect your interests. Our team brings decades of experience in probate litigation and ensures your case receives careful attention from start to finish. Contact our office today to schedule your consultation and move forward with clarity and confidence.
