The sense of uncertainty and urgency that surrounds a loved one’s will can feel daunting, especially when you suspect the document doesn’t reflect their true wishes. You may be asking, “How long do you have to contest a will in California?” or “Is there a time limit to contest a will?” or even “When and how can I contest a will?” This moment represents an inflection point, and it’s normal to be overwhelmed when you are already grieving a loved one and are on the brink of litigation. Delaying action can permanently forfeit your rights. This is why contacting a probate attorney ASAP is critical.
At Gokal Law Group, we understand the emotional weight and complex legal hurdles of probate. We can navigate probate, enforce your rights, and ensure your loved one’s final wishes are honored so you can move on from this moment of betrayal and loss to a place of closure.
How Long Do You Have to Contest a Will in California?
In California, the primary window for contesting a will is 120 days after the will has been admitted to probate by the court. This period marks the official start of the probate process, is set by California Probate Code §8270(a), and is strictly enforced.
“The time to file is set by the court’s admission of the will. Once a will is submit to the court in a petition to open probate, there is a window of 60 to 120 days to raise objection. If objections aren’t raised in that time, then the right to object is gone,”explained Abbas K. Gokal, a Partner at Gokal Law Group who specializes in trust litigation and probate matters. He’s been recognized by Super Lawyers and Orange Coast Magazine as a Top 25 Rising Star attorney in Southern California and has successfully recovered millions of dollars in settlements, trial verdicts, and arbitration for his clients.
The clock typically starts ticking once the court formally admits the will to probate and the requisite notice has been properly served on all interested parties, which often happens shortly after the initial probate hearing. Still, there’s some nuance to answering the question, How long to contest a will?
Let’s take a closer look to give you a better understanding.
Related Article: What is the Success Rate of Contesting a Will in California?
Can You Contest a Will Before Probate?
Yes, not only can you contest a will before probate – you often should. The best time to contest a will is before the court officially admits it to probate. As long as the court hasn’t yet found that the submitted document is the “operative will,” you can still contest it.
“Beneficiaries should be getting notice, so if you have a close relationship, such as a child of someone who passed away, and their will is being probated, you should get notice. As soon as you get notice, you should be hiring counsel to contest that will,” urged Abbas.
If you’re a beneficiary or an interested party, you should receive Notice of the Probate petition, which is notice that someone has submitted a petition to admit the will. As soon as you receive this notice, hire legal counsel immediately to ensure your objection is filed before the will is formally admitted.
Further, if the will has already been admitted to probate, a contest must generally be filed within the later of 120 days from admission or 60 days after notice of admission is mailed. Under Probate Code § 8270, will contest must be filled by the later of the following: 1) 120 days after the will is admitted to probate, or 2) 60 days after the notice of admission of the will is mailed.
Can You Contest a Will After Probate?
Yes, but the window is extremely limited, and it becomes exceedingly difficult and expensive. In most cases, missing the deadline will bar the contest, subject to very limited statutory and equitable exceptions.
How Long Can You Contest a Will After Probate?
While the general rule is 120 days from admission to probate, there are limited, rare exceptions that might allow a contest to be filed later:
- Lack of Notice: If you can prove you were an interested party and did not receive proper, timely, or adequate legal notice of the probate proceedings.
- Minor or Incompetent: The 120-day limit may not apply to a minor or an individual who was incompetent and had no legal guardian or conservator when the will was admitted. However, even these challenges must generally be filed before the final order for distribution of the estate is entered.
- Fraud or Forgery: If the grounds for the contest (such as concealed fraud or forgery) were not and could not have been reasonably discovered within the 120-day window, a court may, in rare cases, consider an extension.
Can You Contest a Will Before Someone Dies?
No, you generally cannot legally contest a will while the person (the testator) who created it is still alive. A will has no legal effect until the testator passes away.
However, if you have concerns about an individual’s diminishing capacity or the potential for financial elder abuse or undue influence while they are alive, you should speak with a legal professional immediately.
While you can’t contest the will, you may be able to file a petition for a conservatorship to protect them and their assets, or initiate other actions to prevent manipulation before the will becomes irrevocable.
Intervening at this stage is key to reversing any damage or fraudulent amendments made to your loved one’s estate or estate planning documents.
How Long After Someone Dies Can You Contest a Will?
The timeline for contesting a will is not based simply on the date of death, but on the timeline of the probate process itself. As we’ve mentioned, the clock officially starts when a petition to probate the will is filed, and the critical 120-day deadline begins after the court admits the will to probate.
Because the probate process can be initiated days, weeks, or even months after a death, the only way to know the precise deadline is to:
- Confirm if a Petition for Probate has been filed.
- Determine if you have received formal notice of the hearing to admit the will.
- Calculate the 120-day window from the date of admission to probate.
Related Article: Estate FAQs: How Long Do I Have to Contest Wills and Trusts?
Why Is There a Time Limit to Contest a Will in California?
The time limit exists to ensure the finality and efficient administration of an estate. Courts require a definitive cutoff point so that beneficiaries and creditors can have certainty, assets can be distributed, and the estate can be officially closed without the risk of long-term, open-ended disputes.
Related Article: When to Get a Will Contest and Trust Fraud Attorney in California
On What Grounds Can You Contest a Will?
To successfully contest a will, you cannot simply be unhappy with your inheritance. You must have legal standing (meaning you are an interested party, such as a beneficiary of the current will, a beneficiary of a prior will, or an heir who would inherit if there were no will) and valid legal grounds.
Proving one of the following grounds is essential to demonstrating that the document offered to the court does not represent the deceased person’s valid final wishes:
- Lack of Testamentary Capacity: The individual lacked the mental capacity to understand the nature of the will, the property they were disposing of, or their relationship to the people receiving their property at the time they signed the will.
- Undue Influence: The testator was coerced or unduly pressured by an individual (often a caretaker, relative, or “friend”) into signing a will that was not an expression of their own free will. This is a common ground for Financial Elder Abuse claims.
- Fraud or Forgery: The will was based on misrepresentations (fraud) or the signature on the document was faked (forgery).
- Improper Execution: The will failed to meet the strict legal formalities required by California law, such as the requirements for witnessing or proper signing. If these requirements were not met when the will was executed, this would constitute grounds to pursue a will contest.
- Subsequent Revocation: A later, valid will exists that revokes the contested document, or the testator revoked the will through a legal process before their death.
Related Article: What Are the Grounds for Contesting a Will in California?
How Long Does it Take to Contest a Will?
The actual litigation process for a will contest can vary widely depending on the complexity of the estate, the quality of the evidence, and how aggressively the parties choose to litigate. While the deadline to file is strict, the timeline for the entire dispute is much longer.
A highly contested will dispute can take several months to over a year to resolve, involving steps like:
- Discovery: Exchanging evidence, obtaining medical records, and conducting depositions (sworn testimony from witnesses).
- Mediation: Court-encouraged attempts to settle the dispute outside of a courtroom.
- Trial: If a settlement cannot be reached, the case proceeds to a formal trial, during which probate litigation ensues, and a judge or jury hears the evidence and issues a ruling.
How to Dispute a Will in California | 5 Steps to Take
Given the short time limits and high stakes, immediate action is crucial. Failing to act quickly can undermine the integrity of the will and your financial future. If you suspect a will is invalid, there are several crucial actions you must take. Here is how to dispute a will in California in 5 steps:
- Contact a Will Contest Lawyer (Gokal Law Group) Immediately: This is the most critical step. Your attorney will determine if you have legal standing and valid grounds, and ensure all deadlines are met.
- Gather All Relevant Documents: Collect any version of the will you have, notice of the probate petition, and any evidence (emails, medical records, notes) suggesting lack of capacity, undue influence, or fraud.
- File a Petition for Contest/Objection: Your attorney will file a formal document with the Probate Court, asserting your standing and legal grounds for challenging the will’s validity. If the will has not yet been admitted to probate, this is filed as an opposition to the initial petition.
- Engage in Discovery: Work with your legal team to conduct a formal investigation, which includes interviewing witnesses and obtaining key documents to build your case.
- Pursue Resolution: Follow your attorney’s guidance through mediation or, if necessary, prepare for trial to secure a favorable ruling.
Related Article: An Expert Guide on How to Contest a Will in California
Expert Guidance Through the Will Contest Process
So, how long do you have to contest a will in California? The honest answer is: not long enough to wait. The law requires swift action, and every day that passes makes your case more challenging. Contested wills are not simple disagreements; they are high-stakes, specialized litigation battles.
At Gokal Law Group, we are the leading probate litigation firm in Southern California, with a polished record of success in resolving hotly contested estates. Our expertise in probate litigation means we know exactly how to guide you through the 120-day window, enforce your rights, and relentlessly advocate for your rightful inheritance. Don’t risk losing your right to challenge a suspect will.
Contact us today for a consultation to let our fierce devotion to our clients begin working for you.