Contesting a will can be an emotionally charged and legally complex process. It involves legally challenging the validity of a deceased person’s will. If you believe that a loved one’s will doesn’t accurately reflect their true intentions, or if there are legal concerns, you may have the right to contest it. But how do you begin? And what should you know before filing a contest?
At Stone & Sallus, we understand the sensitivity and legal expertise required in will disputes. With decades of experience in wills, trusts, and estate planning and trust litigation, our team is here to guide you through the process, ensuring your rights are protected.
How Long Do You Have to Contest a Will?
California law sets strict deadlines for contesting a will, known as the “statute of limitations.” You typically have 120 days from the date the will is admitted to probate to file a contest. This means that once the court officially accepts the will, the clock starts ticking.
Can a Will Be Contested After Distribution?
Once assets are distributed, contesting a will becomes much more complicated, though it is not entirely impossible. In most cases, challenging a will after distribution may involve a legal effort to reclaim distributed assets if you can prove the will’s invalidity.
Can a Will Be Contested After Probate Is Granted?
Yes, a will can be contested even after probate is granted, but the window for doing so is short. Once probate is granted, the 120-day period begins, and any challenge must be initiated within this timeframe. Failure to act within this period may result in the loss of the ability to contest the will.
Can a Will Be Challenged After 20 Years?
Yes, but it is highly unlikely. Contesting a will 20 years after probate is not generally allowed under California law. There are exceptions if the will was never offered for probate or fraud or forgery is discovered years later, but such cases are rare and legally complex.
What Are the Grounds for Contesting a Will in California?
In California, not all wills can be contested. To successfully challenge a will, you must have valid grounds, such as:
- Lack of Capacity: The testator (person who created the will) lacked the mental ability to understand what they were signing.
- Undue Influence: The testator was pressured or manipulated into creating or altering the will.
- Fraud: The will was forged, or the testator was tricked into signing it.
- Improper Execution: The will was not executed according to California laws (e.g., improper witnessing).
- Revocation: The will was revoked or replaced, but the old one was incorrectly admitted to probate.
Steps to Contest a Will in California
If you believe you have grounds to challenge a will, here are the steps you’ll need to take:
1. Consult an Attorney: Before moving forward, speak with an experienced attorney, like those at Stone & Sallus. They can assess your case and guide you through the process.
2. File a Petition: A formal petition to contest the will must be filed in probate court within the statute of limitations.
3. Serve Notice: Notify all interested parties (heirs, beneficiaries, and executors) about the contest.
4. Discovery: This stage allows both parties to gather evidence, including medical records, depositions, and witness statements.
5. Mediation or Trial: Many will contests are settled out of court through mediation. If an agreement cannot be reached, the case proceeds to trial, where a judge will decide.
6. Court Decision: After trial, the judge will either uphold or invalidate the will based on the evidence presented.
How Long Does It Take to Contest a Will?
The timeline for contesting a will varies depending on the complexity of the case. A straightforward will contest can be resolved in six months to a year, while more complicated cases, especially those involving fraud or large estates, may take several years to conclude.
What Happens After a Will Is Contested?
After a will is contested, the probate process is put on hold until the dispute is resolved. If the court upholds the will, probate continues as usual, and assets are distributed according to the original terms. However, if the court finds the will invalid, the estate will either pass according to a previous valid will or, if none exists, through California’s intestate succession laws.
At Stone & Sallus, our attorneys are here to help you understand your rights and options. Contact us today to get the support you need.
