Contesting a will is a complicated process, especially if you are not familiar with the timelines. California law sets strict deadlines for anyone who wants to challenge a will. If you miss these deadlines, you could lose the chance to contest the will entirely regardless of whether you have a strong case.
Timeline to contest a will in California
If you want to contest a will, you need to do so as soon as possible. You do not want to lose the chance to have your claim heard. Here is a general timeline you need to follow:
- Before the courts grant probate: The court will not accept a challenge filed after this deadline. When you act early, you get time to collect evidence, find people to provide testimony and present your claim with your legal counsel.
- After the court admits the will to probate: If you miss the initial window, California law gives you 120 days from the date the will is admitted to probate to file a challenge. Note that this is your last chance to contest, so get moving right away.
Failing to meet these deadlines can make it impossible to challenge a will. It will not matter how sound your evidence is, the law sets these deadlines for strict compliance.
Who can contest a will?
Only interested parties can contest the will. This includes beneficiaries named in the will (including those from prior versions), legal heirs and creditors to whom the deceased owed money. Note that even though the law technically considers creditors as interested parties, they do not have the standing to contest the will’s validity. You also need to remember that if you knew about another contest and did not join in time, you can no longer file later.
Why acting quickly matters
Challenging a will is time-sensitive. You need to take the guesswork out of the process by working with highly qualified estate litigation attorneys who can help you meet deadlines and properly present your case. Do not wait until it is too late. Taking the deadlines to heart is the first step in protecting your rights.