Grieving the loss of a loved one is hard enough without questions about their will. Whether you notice an unusual signature, missing pages, or family pressure, it is important to understand your legal rights and deadlines.
At Vistas Law Group, we help families across California navigate will contests with care and clarity. Attorneys Mario Vega and Louie Ruiz bring over 25 years of combined experience and are fluent in both English and Spanish.
In this article, we explain how long you have to contest a will in California, when the timeline begins, and why acting quickly is key to protecting your loved one’s true intentions.
Key Deadlines for Contesting a Will
California offers a single main window to raise a formal challenge: 120 days after the probate court accepts the will. That period is derived from Probate Code § 8270, and it applies to heirs, named beneficiaries, and anyone else with standing. The chart below outlines how the timing works.
| Event | Deadline to Act | Statutory Source |
| Will lodged with the court | An objection may be filed at any time before admission | Probate Code § 8000 |
| Will admitted to probate | 120 days to file a petition contesting the validity | Probate Code § 8270 |
Once the clerk mails a formal notice of admission to probate, the 120-day countdown begins. Miss it, and the court may refuse to hear the case, even if your claim appears strong.
Contesting a Will: Before vs. After Probate
The state allows challenges both before and after the will is admitted, yet the approach changes with each stage.
Challenging a Will Before Probate
You may object at the very start by filing a written opposition to the petition that asks the court to authenticate the will. Acting early can pause the process while the judge reviews your concerns. A clear objection often cites one or more of the following:
- Undue influence by a caregiver or relative
- Improper witnessing or missing signatures
- Doubts about the signer’s mental capacity
Because there is no statewide form for this objection, most families rely on legal counsel to draft it. Doing so helps prevent the court from rubber-stamping a flawed document.
Challenging a Will After Probate
If the will slips through to probate without opposition, all is not lost. You still hold that 120-day window to contest. File a petition outlining the same issues you could have raised earlier, then serve copies on everyone who stands to gain or lose under the will. If you miss the date, the ruling typically remains in effect, and the estate may proceed with distribution without further court input.
Grounds for Contesting a Will in California
The court will not reopen probate simply because someone dislikes the gift they received. A valid contest rests on at least one legally recognized ground:
- Lack of Capacity, meaning the testator did not grasp the nature of the act or the assets involved.
- Undue Influence, where another person overpowered the testator’s free will.
- Fraud, such as forging a signature or tricking the testator into signing.
- Improper Execution, for instance, no proper witnesses or missing acknowledgment.
- Revocation, where a newer will or written revocation exists but the earlier document was admitted to probate by mistake.
Courts expect evidence, such as medical records, handwriting analysis, or witness testimony, before they will set a will aside.
Are There Exceptions to the Standard Time Limit?
While the 120-day rule is strict, rare situations give families more breathing room. Fresh proof of forgery or hidden pages can open the door even after the deadline, yet you must show why those facts were not discoverable earlier. These situations are rare, and courts carefully limit them to prevent abuse.
Consequences of Contesting a Will After Distribution
Waiting until assets leave the estate adds layers of difficulty. Money might be spent, real property sold, or stocks transferred. Recovering those items requires additional suits against each recipient, increasing costs and straining family ties. California also permits no-contest clauses, and Probate Code § 21310 allows a court to disinherit a beneficiary who loses a challenge if the clause meets the legal standards.
The ripple effects often include:
- Higher legal bills as parties trace and reclaim property.
- Potential tax issues for beneficiaries who must return funds.
- Lingering resentment among relatives who thought the matter was settled.
For these reasons, most estate planning attorneys recommend taking prompt action rather than waiting until the last minute after checks are cleared.
Need Assistance With a Will Contest? Contact Us Today
Every will contest involves a personal story and strict deadlines. At Vistas Law Group, Mario Vega and Louie Ruiz bring decades of litigation experience and a client-first approach. We help families prepare evidence, meet deadlines, and move valid claims, all while maintaining clear and respectful communication.
If you believe California will not reflect your loved one’s wishes, please call 213-745-8747 or visit our Contact Us page to schedule a consultation. A quick conversation can protect your rights and guide your next steps.