Can a will be overturned after a California probate?

In California, once a will has been admitted to probate, it is still possible to contest its validity; however, such challenges are subject to strict legal deadlines and specific grounds. Understanding the process and requirements is crucial for any interested party considering this course of action.

Timeframe for Contesting a Will After Probate

After a will is admitted to probate in California, interested parties have a limited window to file a contest:

• 120-Day Deadline: You must file a will contest within 120 days from the date the will is admitted to probate. Missing this deadline typically forfeits your right to challenge the will. 

Grounds for Contesting a Will

To successfully contest a will, you must establish valid legal grounds, such as:

• Lack of Testamentary Capacity: Arguing that the decedent lacked the mental capacity to create a valid will at the time of its execution.

• Undue Influence: Claiming that the decedent was coerced or manipulated into making or altering the will.

• Fraud: Alleging that deceit or misrepresentation led to the creation or modification of the will.

• Improper Execution: Asserting that the will does not meet California’s legal requirements for execution.

Steps to Contest a Will After Probate

If you decide to proceed with a will contest after probate has been granted, consider the following steps:

1. Consult an Attorney: Engage a probate litigation attorney experienced in California law to evaluate the merits of your case.

2. File a Petition: Submit a formal petition to the probate court within the 120-day window, stating your grounds for contesting the will.

3. Gather Evidence: Collect documentation, witness statements, and other relevant evidence to support your claims.

4. Court Proceedings: Participate in hearings where both sides present their arguments and evidence.

5. Await Judgment: The court will render a decision based on the presented evidence and legal arguments.

Potential Consequences of Contesting a Will

Be aware that some wills contain no-contest clauses, which may disinherit beneficiaries who challenge the will. In California, such clauses are generally enforceable unless the contest is made in good faith and with probable cause. 

Conclusion

While it is possible to contest a will after it has been admitted to probate in California, strict deadlines and specific legal grounds apply. Acting promptly and consulting with a qualified probate attorney are essential steps to ensure your interests are effectively represented.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.