How to Contest a Will in California | Grounds, Process & Timeline

"My father changed his will shortly before his death, disinheriting me and leaving everything to his caregiver. Can I challenge this?"

As a Glendale trust litigation attorney, I hear variations of this question regularly from people who believe a will doesn't reflect their loved one's true wishes. Contesting a will is a serious legal matter that requires valid grounds, strict adherence to deadlines, and often involves complex litigation.

In this comprehensive guide, I'll explain when you can contest a will in California, what constitutes valid grounds, the critical 120-day deadline, the litigation process from start to finish, costs involved, and your chances of success.

What Is a Will Contest?

A will contest is a legal challenge to the validity of a will filed in probate court.

You're arguing: The will should not be admitted to probate because it's invalid.

If successful: The will is set aside, and either:

• An earlier will is admitted to probate instead, OR
• The estate passes by intestate succession (as if there were no will)

Important distinction: A will contest challenges whether the will is valid. This is different from:

• Disputes over will interpretation (what the will means)
• Claims against the estate (creditor claims)
• Disputes over executor's actions
• Trust litigation (separate procedures)

Who Can Contest a Will in California?

Not just anyone can contest a will. California law limits who has "standing" to challenge a will.

California Probate Code Section 48: "Interested person" includes heirs, beneficiaries, creditors, and anyone who has a property right in or claim against the estate.

People Who Can Contest

1. Beneficiaries Under the Will Being Contested

• Named in the will but received less than expected
• Named but provisions are ambiguous

2. Beneficiaries Under a Prior Will

• Would inherit more under earlier will
• Disinherited in new will

3. Heirs at Law

• Would inherit if there were no will (intestate succession)
• Includes children, spouse, parents, siblings

4. Beneficiaries of a Trust

• If trust would receive assets under earlier will
• If trust provisions affected by will

People Who CANNOT Contest

No standing:

• Friends with no legal claim
• Distant relatives with no inheritance rights
• Caregivers (unless also beneficiaries)
• Charities (unless named in earlier will)
• People disinherited in all versions of will

The "standing" requirement: You must show you would benefit if the contest succeeds.

Valid Grounds for Contesting a Will

California law recognizes specific grounds for invalidating a will. You cannot contest simply because you're unhappy with the distribution.

Ground #1: Lack of Testamentary Capacity

California Probate Code Section 6100.5

The claim: The person who made the will lacked the mental capacity to understand what they were doing.

Requirements for capacity:

• Understand the nature of making a will
• Understand the nature and extent of their property
• Remember their natural beneficiaries (family)
• Understand the disposition they're making

When capacity issues arise:

• Advanced dementia or Alzheimer's disease
• Severe mental illness
• Delirium or confusion
• Medication effects
• Stroke or brain injury

Important timing: Capacity is judged at the moment the will was signed, not before or after.

Evidence to prove lack of capacity:

• Medical records from period around will signing
• Doctor testimony about mental state
• Statements by people who observed testator
• Prior diagnosis of dementia or cognitive impairment
• Irrational provisions in will
• Unusual behavior around time of signing

Challenge: Capacity is presumed. You must overcome this presumption with clear and convincing evidence.

Ground #2: Undue Influence

California Probate Code Section 86

The claim: Someone exerted excessive pressure on the testator, overcoming their free will and causing them to make a will they wouldn't have made otherwise.

Undue influence means:

• More than just persuasion or suggestion
• Coercion, pressure, or manipulation
• Taking advantage of weakness or dependency
• Isolating testator from family
• Creating fear or obligation

Common undue influence scenarios:

• Caregiver receives large bequest
• New spouse disinherits children from prior marriage
• Family member isolates elderly parent
• Financial advisor receives substantial gift
• Person in position of trust benefits inappropriately

Elements to prove undue influence:

1. Testator was vulnerable (illness, age, dependency)
2. Influencer had opportunity to exert influence
3. Influencer had disposition to exert influence (motive)
4. Result was unnatural (disinherits family, benefits influencer)

Presumption of undue influence (California Probate Code Section 21380):

If gift is to person who:

• Drafted the will
• Is in fiduciary relationship with testator
• Is caregiver

Then: Burden shifts to them to prove gift was not product of undue influence

Evidence of undue influence:

• Isolation of testator from family
• Rapid changes after influencer enters life
• Testator dependent on influencer
• Influencer controlled access to testator
• Changes in estate plan benefiting influencer
• Secrecy surrounding will execution
• Testator expressed fear or reluctance
• Influencer present when will signed

Ground #3: Fraud

California Probate Code Section 6104

The claim: Testator was deceived about material facts, causing them to make a will they wouldn't have made if they knew the truth.

Types of fraud:

Fraud in the execution:

• Testator deceived about nature of document
• Told they're signing something else (power of attorney, deed)
• Not told document is a will

Fraud in the inducement:

• Testator deceived about facts
• Lied to about family member's conduct
• Told false information about beneficiaries
• Misled about nature or extent of property

Example: Brother tells father (falsely) that daughter has stolen from him. Father disinherits daughter based on false information. This is fraud in the inducement.

Evidence needed:

• Proof of false statement
• Testator believed false statement
• False statement influenced will provisions
• Intent to deceive

Ground #4: Forgery

The claim: The signature on the will is not the testator's actual signature, or the will was altered after signing.

Forms of forgery:

• Someone else signed testator's name
• Will created after testator's death
• Provisions added or changed after execution
• Pages substituted

Evidence:

• Handwriting expert analysis
• Comparison to known signatures
• Testimony about signing ceremony
• Document examination (paper, ink, printing)
• Witness testimony

Rare: Forgery cases are less common than capacity or undue influence cases.

Ground #5: Improper Execution

California Probate Code Sections 6110-6113

The claim: The will doesn't meet California's formal requirements for valid execution.

California requirements for valid will:

• In writing
• Signed by testator (or by someone at testator's direction in testator's presence)
• Signed by two witnesses who:
  • Witnessed testator's signing (or testator's acknowledgment of signature)
  • Understood document was testator's will
  • Signed as witnesses during testator's lifetime
  • Were competent at time of witnessing

Common execution problems:

• Only one witness (requires two)
• Witnesses didn't sign in testator's presence
• Witnesses didn't know it was a will
• Signature by someone other than testator without proper authorization

California's substantial compliance doctrine: Courts may uphold will with minor technical defects if clear and convincing evidence shows testator intended document to be their will.

Holographic wills: Different rules apply (material provisions in testator's handwriting, signed by testator—no witnesses required)

Ground #6: Revocation

California Probate Code Sections 6120-6124

The claim: The will was revoked before testator's death.

Methods of revocation:

• Physical destruction (tearing, burning, canceling)
• Creation of new will
• Written revocation
• Certain life events (marriage, divorce)

Burden: Contestant must prove revocation occurred

Ground #7: Duress or Menace

The claim: Testator was forced to make the will under threat of harm.

Requirements:

• Actual threat to testator or family
• Fear induced in testator
• Will created due to fear

Rare: Duress cases are uncommon and difficult to prove

The Critical 120-Day Deadline

California Probate Code Section 8200

Most important rule: Will contests must be filed within 120 days after the will is admitted to probate.

Understanding the Timeline

Not 120 days from death: The 120 days starts when the court admits the will to probate (at the first hearing).

Typical timeline:

• Death: January 1
• Petition filed: February 1
• First hearing: March 15 (will admitted to probate)
• Contest deadline: July 13 (120 days after March 15)

Strict deadline: Courts rarely extend this deadline. If you miss it, you likely lose your right to contest forever.

Before the 120-Day Period Starts

Good news: You can contest before the will is admitted to probate.

How: File objection to Petition for Probate

At the first hearing: Raise your objections, and judge may:

• Deny admission of will immediately
• Order evidentiary hearing
• Admit will to probate and allow contest within 120 days

Advantage: Contesting early may prevent probate from starting

What Happens If You Miss the Deadline?

General rule: Your contest is barred

Very limited exceptions:

• You didn't receive proper notice of probate proceeding
• Fraud or mistake prevented you from filing timely
• Will wasn't actually admitted to probate (procedural issue)

These exceptions are rare and difficult to establish.

Strategic Consideration: When to File

Early (before 120 days):

• Shows seriousness
• May encourage settlement
• Preserves all options

Near deadline:

• More time to investigate
• Gather evidence
• Assess chances of success
• Consider settlement options

My advice: File earlier rather than later. You can always settle or dismiss later, but you can't undo missing the deadline.

The Will Contest Process: Step-by-Step

Step 1: Consult with Attorney (Immediately)

Critical first step: Consult experienced probate litigation attorney

Attorney will evaluate:

• Whether you have standing
• Strength of your grounds
• Available evidence
• Likelihood of success
• Cost vs. potential benefit

Timeline: Do this immediately after learning of will provisions

Cost: Initial consultations often free or low-cost

Step 2: Gather Evidence

Before filing, collect:

Medical records:

• From period around will signing
• Diagnosis of dementia, mental illness
• Medications prescribed
• Doctor notes about cognitive function

Financial records:

• Estate planning documents
• Prior wills
• Account statements showing unusual transactions
• Transfers to potential influencer

Witness information:

• People who observed testator's condition
• Family members who were isolated
• Healthcare providers
• Prior attorneys

Documents:

• Earlier wills and trusts
• Correspondence with testator
• Emails or texts showing influence
• Financial power of attorney documents

Timeline: This investigation may take several weeks

Step 3: File Contest Petition

Form: Contest to Will (no specific form, usually custom-drafted petition)

Must include:

• Your relationship to testator
• Your standing to contest
• Specific grounds for contest
• Facts supporting each ground
• Request for relief

Filing fee: $435

Where to file: Same probate court handling estate

Service: Must serve on executor and all beneficiaries

Step 4: Probate Court Hearing

Timeline: Hearing scheduled 4-6 weeks after filing

What happens:

• Judge hears initial arguments
• Determines if contest has merit
• May dismiss if clearly without merit
• Usually sets for further proceedings if contest has facial validity

Possible outcomes:

• Case proceeds to discovery
• Summary judgment against contestant
• Settlement discussions ordered

Step 5: Discovery

Process: Both sides gather evidence through formal discovery

Discovery methods:

• Interrogatories (written questions)
• Requests for production of documents
• Depositions (testimony under oath)
• Subpoenas for records
• Expert witness retention

Timeline: 6-12 months typically

Cost: Discovery is expensive (see costs section below)

Step 6: Mediation

Often required: Court may order mediation before trial

Process:

• Neutral mediator facilitates settlement discussions
• Both sides present positions
• Mediator helps find middle ground

Benefits:

• Saves cost of trial
• Provides certainty
• Preserves family relationships (relatively)
• Confidential

Success rate: Many will contests settle at mediation

Step 7: Trial

If no settlement: Case proceeds to trial

Bench trial: Decided by judge (not jury) in California probate matters

Length: 2-5 days typical for will contest

Presentation:

• Opening statements
• Contestant's case (evidence and witnesses)
• Proponent's case (executor defends will)
• Closing arguments
• Judge's decision

Evidence presented:

• Expert testimony (doctors, handwriting experts)
• Lay witness testimony (family, friends, caregivers)
• Documentary evidence (medical records, financial records)
• Will execution evidence (attorney who drafted will, witnesses)

Timeline: 12-24 months from filing to trial

Step 8: Judgment and Appeal

Judge's decision:

• Upholds will (contest fails)
• Invalidates entire will
• Invalidates specific provisions
• Admits earlier will instead

Appeal: Losing party can appeal (adds 1-2 years)

Final: After appeals exhausted, decision is final

Costs of Contesting a Will

Will contests are expensive. You should understand the financial commitment before filing.

Attorney Fees

Hourly rates: $350-$650/hour for experienced probate litigators

Phases and typical costs:

Initial consultation and filing: $2,500-$5,000

Discovery phase: $20,000-$50,000

• Interrogatories and document requests
• Depositions (multiple witnesses)
• Expert witness retention

Mediation: $5,000-$10,000

• Attorney preparation time
• Mediation session
• Mediator fees

Trial: $30,000-$75,000

• Trial preparation
• Expert witness fees
• Trial days
• Post-trial motions

Total if going to trial: $60,000-$150,000+

Total if settling after discovery: $25,000-$60,000

Appeal (if needed): $25,000-$50,000 additional

Expert Witness Fees

Medical experts: $500-$800/hour

• Review records: $3,000-$8,000
• Deposition: $3,000-$6,000
• Trial testimony: $5,000-$10,000

Forensic document examiners: $5,000-$15,000 total

Financial experts: $10,000-$25,000 (if needed)

Court Costs

• Filing fees: $435
• Service of process: $500-$1,000
• Court reporter fees: $2,000-$5,000
• Copying and exhibits: $500-$2,000

Fee Arrangements

Hourly billing: Most common

Contingency fees: Rare in will contests

• Some attorneys will take on contingency (percentage of recovery)
• Usually 25-40% of what you recover
• Only if strong case with significant assets at stake

Hybrid arrangements: Combination of reduced hourly rate plus contingency

Retainer: Expect to pay $10,000-$25,000 retainer upfront

Can You Recover Your Attorney Fees?

General rule: Each side pays their own attorney fees

Exception (California Probate Code Section 11003): Court may award fees from estate if:

• Contest was brought or defended in good faith
• Issue benefited the estate

Reality: Fee awards are rare and discretionary

Don't count on fee recovery. Plan to pay your own attorney fees.

What Are Your Chances of Success?

Honest assessment: Will contests are difficult to win.

Success rates (approximate):

• Lack of capacity cases: 20-30% success
• Undue influence cases: 15-25% success
• Fraud cases: 25-35% success
• Forgery cases: 40-50% success (if you have proof)
• Execution defects: 30-40% success

Why success rates are low:

• Presumption of validity
• High burden of proof
• Testator can't testify (deceased)
• Substantial compliance doctrine
• Courts respect testamentary freedom

Factors that improve your chances:

• Strong medical evidence of incapacity
• Clear evidence of isolation and control
• Dramatic last-minute changes
• Beneficiary was drafter or caregiver (presumption)
• Multiple witnesses to undue influence
• Prior consistent estate plan changed suddenly

Factors that hurt your chances:

• Testator had capacity evaluation by attorney
• Will was explained thoroughly to testator
• Testator expressed clear reasons for changes
• Changes were made gradually over time
• Testator had history of favoring beneficiary
• No medical evidence of incapacity

Settlement: Often the Best Outcome

Reality: Most will contests settle rather than going to trial.

Typical settlement structure:

• Contestant receives portion of estate
• Less than full inheritance but more than will provides
• Avoids cost and uncertainty of trial
• Preserves family relationships (somewhat)

Example:

• Will leaves everything to Brother A
• Brother B contests (would get 50% if will invalid)
• Settlement: Brother B receives 20-30% of estate
• Both sides save $50,000+ in attorney fees

When to consider settlement:

• Both sides have reasonable arguments
• Cost of litigation is high relative to estate value
• Family relationships matter
• Uncertainty of trial outcome
• Desire for closure

Mediation advantage: Neutral mediator helps parties see risks on both sides and find middle ground.

No-Contest Clauses

California Probate Code Section 21311

No-contest clause: Will provision that disinherits anyone who contests the will

Example: "If any beneficiary contests this will, they shall receive nothing."

Effect: Creates risk that if you lose contest, you get nothing (not even what will left you)

California law: No-contest clauses are enforceable ONLY if contest was brought without probable cause

"Probable cause" means: You had reasonable basis for contest based on known facts at time of filing

Effect: No-contest clauses are less scary than they used to be. If you have good grounds, clause won't punish you for losing.

Strategic consideration: Evaluate whether contest has probable cause before filing

Special Situations

Contesting a Trust Instead of a Will

Different procedures: Trust contests follow different rules

Timeline: Usually 120 days after receiving notice of trust after trustor's death

Grounds: Similar (capacity, undue influence, fraud)

Process: Often more complex than will contests

Multiple Wills

Situation: Multiple wills found, potentially conflicting

Process: Court determines which will is valid and latest

Contest strategy: May argue earlier will is valid, later will is not

Partial Contest

Possibility: Contest specific provisions rather than entire will

Example: "I contest the bequest to the caregiver, but not the rest of the will"

Strategic benefit: Reduces risk, focuses on most problematic provisions

Should You Contest a Will?

Consider these factors:

Strong grounds exist:

• Clear medical evidence of incapacity
• Evidence of isolation and control
• Dramatic last-minute changes
• Beneficiary was drafter or caregiver

Significant assets at stake:

• Estate value justifies litigation costs
• Your potential inheritance is substantial
• Cost-benefit analysis favorable

Evidence is available:

• Medical records accessible
• Witnesses willing to testify
• Documentary evidence exists

You can afford litigation:

• Have funds for attorney fees
• Can sustain multi-year process
• Emotional fortitude for litigation

When NOT to contest:

• Weak grounds (just unhappy with distribution)
• Small estate (costs exceed potential recovery)
• Little evidence available
• No-contest clause and risky case
• Testator clearly wanted distribution
• Settlement negotiations refused

Related Articles

California will contest and probate litigation:

• Trust Litigation vs Probate Litigation California - Key differences in contesting trusts vs. wills.

• How Long Does Probate Take in California? - Will contests extend probate timeline significantly.

• California Executor Duties & Responsibilities - How executors handle will contest challenges.

• Died Without Will California - What happens if will is invalidated (intestate succession).

• How to File Probate in Los Angeles County - Where to file will contest objections.

Get Expert Help with Will Contests

Will contests are complex, expensive, and emotionally draining. Whether you're considering challenging a will or defending against a contest, experienced legal guidance is essential.

Call (818) 291-6217 to schedule a consultation at my Glendale office, or complete our probate questionnaire to discuss your situation.

As a California probate and trust litigation attorney serving Los Angeles County, I provide honest assessments of will contest cases, help you gather evidence, handle all aspects of litigation, and pursue settlement when appropriate while protecting your rights if trial is necessary.

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California estate planning and probate attorney serving Glendale, Burbank, Pasadena, and throughout Los Angeles County. With extensive experience in probate litigation and will contests, Rozsa represents both contestants and estate representatives in complex will disputes.

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Disclaimer: This article provides general information about California will contests and should not be construed as legal advice. Every situation is unique. California laws and procedures change regularly, and this article reflects laws in effect as of January 2025. Consult with a qualified California probate litigation attorney about your specific circumstances. Will contest success rates are approximations based on general experience and vary significantly based on specific facts of each case.