Key Takeaways
- Generally, you have 120 days to contest a will or trust in California.
- This timeline may change in rare instances if you discover new evidence after the 120-day limit or you are a beneficiary who has not yet reached the age of majority.
- You can contest a will or trust if you have legal standing and grounds to do so.
- You should consult a skilled attorney to help you contest a will or trust as soon as possible.
Introduction
If you are planning on contesting a will or trust in California, there are specific deadlines you must follow for your contest to be considered. In California, you have 120 days from the beginning of probate or the trust administration process to contest a will or trust. This may change in some unique circumstances, but regardless, it is important to raise your concern as soon as possible to ensure you meet the deadline.
Understanding the time limit to contest a will or trust is crucial for ensuring you can legally raise your contest and have your concerns addressed before the court. This guide lays out the key details you need to know about the statute of limitations for will and trust disputes in California.
How long do you have to contest a will?
The time limit to contest a will in California is 120 days from the date the will has been admitted into probate. If you fail to raise your will contest within the 120-day statute of limitations for probate litigation, the court will not consider your claim and you will lose your chance to raise any contests in the future.
However, there are a few select circumstances that may alter this timeline—these include:
- Discovery of new evidence that disputes the validity of a will
- A beneficiary was not properly informed of the will being admitted to probate
- A beneficiary was under the age of majority
In the event that a beneficiary was not able to raise a contest within the time frame due to not being of adult age or not being informed of the opening of probate, they will have the opportunity to do so either once they reach the age or once they become aware of the process.
Regardless of the case, you should move as quickly as possible to pursue a will contest, as the three-month time frame can move quickly. It can take time to find the right lawyer, file your case with the court, and get the pieces moving—starting as soon as possible helps you ensure you meet the requirements in time.
How long does a beneficiary have to contest a trust in California?
A beneficiary has 120 days to contest a trust from the point where the trustee sends notification pursuant to Probate Code section 16061.7 that they will be beginning the trust administration process or 60 days from the date on which a copy of the trust is delivered to the beneficiary within that 120-day period, whichever is later. If you do not raise your trust contest within this timeframe, your claim will not be considered by the court, and you will lose the chance to raise your claim in the future.
In rare instances, it’s possible that a beneficiary can contest a trust past this three-month window. Some of the factors that can influence this time limit include:
- Discovery of new evidence disputing the validity of a trust
- Trustee providing notice of a proposed action
- A trust beneficiary is below the age of majority
- A beneficiary was not properly informed of the trust administration opening
In the case that a beneficiary is interested in pursuing a trust contest but was not yet an adult or was not properly informed, they will be able to contest once these circumstances change.
As with a will contest, you should begin the process for contesting a trust as quickly as possible to ensure you meet the necessary deadlines. The legal process can take time to complete between finding an attorney and filing a formal petition, so acting quickly minimizes the risk of missing your deadline.
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Can you contest a will in California?
Before attempting to initiate a will contest, it’s important to ensure that you have standing to do so. You cannot decide to contest a will simply because you want a greater share of an inheritance or have a mere suspicion of wrongdoing. A will contest is not the same as an inheritance dispute.
You can contest a will in California if you have legal standing to do so and if you have sufficient evidence to support that the will or trust should be invalidated—in other words, you must have a stake in the outcome of the will and tangible evidence of your concerns to substantiate a contest.
You can contest a will if you are an interested party in the will, such as:
- Heirs
- Beneficiaries
- Creditors
- Another party with a financial stake in the outcome
If you are unsure whether you have standing in a case but believe you have a justified reason to raise a contest, you should consult a probate or trust litigation attorney immediately. An attorney can review the details of your case and provide insight into your rights and legal options.
Typical Legal Grounds for Contesting a Will or Trust
In addition to having standing as an interested party in an estate, you must have established legal grounds to contest a will or trust—this means that you must have a clear, substantial reason to believe that the will or trust instrument is invalid. The following are the most common grounds.
Undue Influence or Fraud
Undue influence is the act of pressuring, coercing, or wrongly influencing an individual to change their will or trust against their best interests—this is common in cases of elder abuse. Meanwhile, fraud encompasses other people changing a will or trust instrument by forging the document or making changes against the interests of the testator or settlor.
A successful will or trust contest can result in any of the affected provisions in the will or trust instrument being invalidated. Evidence for this includes witness testimony, a copy of the document demonstrating fraud, or medical records demonstrating the susceptibility of the individual to undue influence.
Questions Regarding Mental Capacity
Testamentary capacity is a person’s mental ability to make a valid will. To make a valid will, a person must be able to understand the decisions they make and the consequences of their actions. If an individual lacks mental capacity and testamentary capacity, they are considered incapable of making a valid will.
Common situations that lead to mental incapacity include:
- Medical issues
- Age-related mental decline
- Conditions such as dementia or Alzheimer’s
If beneficiaries can prove that the will creator, also known as the testator, did not have testamentary capacity at the time they created or changed their will, they can contest the will to request that the court invalidate either the entire document or all affected portions. Proving mental incapacity will likely involve witness testimony from those close to the testator, expert testimony from medical professionals, and medical records.
Procedural Errors
For a will to be valid, California law states that it must be written or typed out by its creator and then signed before at least two witnesses. The two witnesses must not be listed in the document and must also provide their signatures for the document to be legally binding.
Failing to meet these standards can result in a will being invalidated. If any of these processes were overlooked, beneficiaries can raise a legal contest to the legitimacy of the will. Witness testimony and presentation of the defective document will often be the best forms of evidence to prove illegitimacy.
Multiple Wills
If a testator had created multiple wills, then it is possible for the wrong version to be admitted into probate. This is common when a testator had life circumstances that led them to reconsider their estate planning, such as the birth of a child or remarrying.
Beneficiaries or other interested parties can file a will contest if they believe the wrong iteration was admitted to probate. A successful will contest will ensure that the correct version of the will is submitted to the court to guide the estate administration process.
A successful will contest under these grounds will often require demonstrating that the testator created a new will, providing evidence that the previous will was denounced, and presenting the most recent iteration of the will.
How To Challenge a Will or Trust
You can choose to challenge a will either prior to the will being admitted into probate or after notification that the will has been admitted to the court. It’s often better to challenge a will before the executor submits it to the court—this will prevent the court from approving the document until its validity can be confirmed.
However, most cases occur after the will is submitted to the court, as this is when the majority of beneficiaries become aware of the opening of the process and have a chance to review the document. Once this notification has been sent out by the executor, the 120-day time period will begin.
Most challenges to a trust occur after notification by the trustee pursuant to Probate Code section 16061.7. Most trusts are not admitted to court so this notice is what typically triggers the 120-day time limit to contest a trust.
To challenge a will or trust, you must:
- Consult an attorney
- Gather evidence to support your case
- File a petition with the probate court
- Present your case before the court
Of the above steps, it’s crucial to emphasize that you must have sufficient evidence to back up your case. An attorney is a valuable resource in the process, as they will help you understand the necessary next steps and work to build the strongest possible case.
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What Evidence Is Needed to Contest a Will in California?
To successfully contest a will or trust in California, you will need a robust spread of evidence. It’s important that you have enough evidence to support your claim and prove that the will or trust should be invalidated—to do so, you should work to gather numerous pieces of evidence to support your claim.
Some valuable pieces of evidence for a will or trust contest include:
- Previous communications with the decedent
- Witness testimony
- Expert testimony
- The testator’s or trustor’s medical records
- Estate planner’s records
The strongest will or trust contest cases have a combination of evidence to support them. Due to the complicated nature of proving fraud or lack of testamentary capacity after the fact, it can be difficult to prove the invalidity of a will or trust. By gathering and presenting as much evidence as possible, you can put together the strongest possible case to justify your contest.
When Should You Consult an Attorney?
If you believe you have standing to contest a will or trust, you should consult an attorney as soon as possible. You should consult an attorney upon reading the will or trust instrument and as soon as you notice any concerns with the document.
Some instances that may warrant contacting an attorney include:
- A will or trust document that contradicts the creator’s communicated wishes
- An executor or trustee is failing to uphold their duty
An attorney can help you determine whether you have grounds for your case, gather evidence to support your claim, file the contest with the court, and build the strongest possible case. Navigating the process on your own can be complex and difficult to understand, so an attorney is crucial for ensuring you cover all your bases.
Understand Your Rights with RMO Lawyers
You typically have 120 days to contest a will or trust in California. An attorney is a valuable resource in helping you determine whether you have grounds for a lawsuit and understanding your next steps.
Our attorneys at RMO Lawyers have decades of experience in estate and trust litigation, meaning we understand the ins and outs of the will and trust contest processes. We’ll work to understand all of the details of your case so that we can offer sound guidance and pursue the best possible outcome for your family’s estate.
Schedule a free consultation with our attorneys at RMO Lawyers to learn more about your legal options and your rights.
Glossary
Beneficiary – A beneficiary is an individual or entity specifically identified in a trust or will as being entitled to receive benefits from the estate.
Decedent – A person who has died and left behind assets to be distributed.
Heir – An individual who is entitled to receive a share of assets in the event of the settlor’s death based on state intestacy laws.
Probate – The court process in which the will is validated and assets of an estate are gathered, accounted for, and distributed to the heirs or beneficiaries after an individual passes away, either in accordance with the deceased’s wishes if they had a will or following local intestacy laws if there was no will.
Settlor – A person who creates a trust to specify how they want their assets distributed upon their death and to which beneficiaries.
Testator – An individual who creates a will to be followed upon their death, explaining their wishes for the distribution of their assets to relevant beneficiaries.
Trust contest – A legal proceeding where interested parties can dispute the validity of a trust as long as they have legal grounds to do so, such as suspicion of mental incapacity or undue influence against a will creator.
Will contest – A probate proceeding where interested parties can dispute the validity of a will as long as they have legal grounds to do so, such as suspicion of mental incapacity or undue influence against a will creator.