How Long Do You Have To Contest a Will in California?

Dealing with the loss of a loved one is challenging and stressful. The situation can worsen when concerns arise about the validity of the decedent’s Will. When there are concerns about the validity of a Will, a party can contest the Will. In California, there are specific time limits for contesting a Will. Understanding these timeframes is vital, as failure to meet these deadlines can lead to losing your right to challenge the Will. This article explores the time limit for contesting a Will in California.

Time Limit for Contesting a Will in California

In California, the time limit for contesting a Will is governed by the California Probate Code. A Will contest can be filed any time before the Will is admitted to probate. However, if a Will has already been admitted to probate, you generally have 120 days from the admission date to file a Will contest. Filing a Will contest means that you are asking the court to revoke the probate of the Will. To contest a Will in California, you’ll need to file an objection to the probate petition and a formal petition to invalidate the Will.

Preferably, you should start the process of contesting a Will as soon as possible after being notified that someone has initiated the probate process. Waiting too long can result in missing the deadline for filing a contest. It is advisable to consult with a probate lawyer as soon as you are notified that someone has initiated the probate process. An attorney can help you evaluate the grounds for filing a contest and determine if you have a valid argument. An attorney can help you gather the necessary evidence you need to build a strong case and ensure you meet all legal requirements. They can ensure you initiate your Will contest before the deadline.

However, it is vital to note that the 120-day limit does not apply to someone who is a minor or incompetent and didn’t have a guardian or conservator when the Will was admitted to probate. If a person was a minor or incompetent or didn’t have a guardian when the Will was admitted to probate, they can contest the Will at any time before the entry of an order for final distribution.

Additionally, you should note that while contesting a Will after distribution may be possible in some situations, it will likely be an uphill battle.

Grounds for Contesting a Will

Apart from understanding how long you have to contest a Will in California, it is crucial to understand the grounds for contesting a Will. The following are some of the grounds for contesting a Will in California;

• Undue Influence: This arises when someone manipulates or pressures the deceased to make decisions against their Will.
• Lack of Testamentary Capacity: In California, a person who is below the age of 18 and is not of sound mind cannot make a Will.
• Fraud or forgery: A Will signed under false pretenses or whose signature is forged can be contested.
• Failure to Follow Legal Formalities: For example, if at least two competent witnesses do not witness the Will, it can be contested.

Contact The Probate Guy for Legal Help

If you have questions or need legal help, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

Source:

law.cornell.edu/wex/testamentary_capacity