Time limit to contest a will in California

Will Contesting and Time Frames

Dealing with the passing of a parent is stressful. Still, it becomes even worse when a child realizes that their parent has excluded them from their will, or perhaps a brother or sister is hiding the will and not allowing the legal document to be viewed.

Children and other interested parties in California can challenge the validity of a deceased’s will in county probate courts. Parties can begin contesting a will immediately after the testator dies and before its execution. When challenging a will, you must meet various deadlines. According to the state probate code, interested parties only have 120 days after the will’s admission to probate to submit their appeal.

A will may be challenged in California on several grounds, including undue influence, incompetence, fraud, breaking California law, and the existence of multiple wills. However, a person cannot challenge a will merely because they don’t like being left out. Instead, the individual disputing the will must provide evidence of a legitimate legal reason for doing so; solid legal grounds must exist.

Takeaway: There may be a no-contest clause that states that you may risk losing beneficiary rights if you contest.

Can a Will be Contested?

In California, the validity of a will can indeed be questioned based on specific legal grounds. For a will to be considered valid, it must be written, signed by the testator, and witnessed by two impartial adults. If these criteria aren’t met, the will can be contested. At Hess Verdon, we prioritize ensuring that wills accurately represent the testator’s intentions and are legally sound, minimizing potential disputes.

Who Can Contest a Will?

The person who contests the will is called the “contestant.” The person who prepares the will is called the “testator,” and they are usually deceased, too. Only a limited number of people can dispute a will under state probate practice. They are generally collectively referred to as “interested parties.” These include:

• Any beneficiaries specified in the will or trust
• The heirs of the deceased, as recognized under state intestacy laws
• Creditors who were owed money by the deceased

Typical Legal Grounds for Contesting a Will

There are various circumstances where a new will or the previous will should be viewed with mistrust. According to California law, petitioners must have a good reason to dispute the document before filing a petition and staying within the strict time limits. Some common valid grounds to challenge a will in court include the following:

Undue Influence or Fraud

It is a terrible reality that some people attempt to exploit the elderly, the disabled, or those who are otherwise weak. A person breaks the law when they exert excessive pressure on someone else to make a will that will benefit them. Anyone who thinks this might be the case might challenge the will’s legitimacy by claiming undue influence or even fraud, thus will contests.

Capacity

Anyone over age 18 can legally create a will. Younger individuals are thought to be incapable of doing so. Adults, however, are regarded as mentally competent unless they demonstrate otherwise. Consequently, it is acceptable to challenge someone’s ability to draft a legally enforceable document if they have dementia or a drug misuse problem.

Breaking State Rules

Anyone who prepares a will must write or type it, then sign it in the company of two witnesses, who must also put their signatures to make it legally binding. The witnesses cannot be any of the people listed in the instrument. Violating these stipulations creates grounds for challenging the document.

Multiple Wills

Most people have more than one will; this happens when they revise their estate plan or move to a new state and draft a new statement. Usually, the court disregards the old document and views the new one as valid. As a result, if you discover more than one will but the executor has only presented the old one in court, file your objections immediately as per probate law.

How Much Time Do I Have to Challenge a Will?

Once a person has passed away, you can contest a will immediately if you believe there are valid grounds. You can immediately submit the document for probate, but you’ll need a copy before submitting your petition. However, most cases happen after probate has been filed because that’s when interested parties are informed that the deceased left a will.

When a person dies, an interested party will file the will for probate (usually the executor), then inform all other interested parties (beneficiaries, heirs, and creditors). The court then sets a hearing date and establishes deadlines for petitions opposing the will to be filed. Usually, one must submit the challenge within a three-month window.

How to Challenge a Will

If you decide to contest a will, you must follow specific procedures. First, you must file a petition with the probate court in the county where the deceased lived. The file must include the details of the petition and all legal justifications for making it. The next step is to start collecting evidence and locating supporting witnesses.

Will challenges can suddenly become convoluted for the person contesting it, and the investigation process can be lengthy, so working with an experienced attorney is recommended. After a loved one dies, speak with an attorney as soon as possible to explain your situation. If they determine that you have a case, they can assist you in filing the petition on time. They can also help with the investigative process.

The trial starts shortly after the investigation is over.

If you file a petition after the statute of limitations on contesting a will has expired, the court won’t consider your claim. Consequently, your case will be tossed out, the probate process will continue, and the estate will be divided as the will states.

Who Pays to Contest a Will

Challenging a will can be costly. Typically, the challenger pays upfront. If they win, the estate may cover their costs. If they lose, they might pay both sides’ fees. Prolonged battles can reduce the estate’s value, impacting all heirs. It’s vital to consider all costs before contesting.

 
Wrap-up

When you challenge a will, you must move swiftly and present whether undue influence or some mental capacity issue was in place. The statute of limitations on contesting a will is three (3) months after the document is accepted into probate. However, if you have a copy of the will, you can challenge its validity immediately after a person passes away without waiting for probate.

Will contest cases can be difficult and emotionally taxing. In any case, it’s always wise to work with an experienced estate attorney. We are professional estate lawyers in California who are prepared to listen and offer advice on petitions involving wills or trusts. If you have a matter that could use our help, make an appointment immediately to speak with one of our experts.