
In California, contesting a will after probate has commenced is possible, but it requires prompt action due to strict legal deadlines. Understanding the process and adhering to these timelines are crucial for a successful challenge.
Timeframe for Contesting a Will After Probate Has Started
Once a will is admitted to probate in California, interested parties have 120 days from the date of admission to file a contest. This period is critical; missing this deadline can forfeit your right to challenge the will.Â
Grounds for Contesting a Will
To successfully contest a will, you must have valid legal grounds, which may include:
• Lack of Testamentary Capacity: Asserting that the decedent did not possess the mental competence to make a valid will at the time of its creation.
• 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: Arguing that the will was not executed in accordance with California’s legal requirements.
It’s important to note that simply being dissatisfied with the will’s provisions is insufficient; specific legal grounds must be established.Â
Steps to Contest a Will After Probate Has Begun
1. File a Petition: Submit a petition to the probate court within the 120-day window, stating your grounds for contesting the will.
2. Gather Evidence: Collect documentation, witness statements, and other relevant evidence to support your claims.
3. Court Proceedings: Participate in hearings where both sides present their arguments and evidence.
4. Await Judgment: The court will render a decision based on the presented evidence and legal arguments.
Given the complexities involved, it’s advisable to consult with an attorney experienced in probate litigation to navigate this process effectively.Â
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.Â
Conclusion
Contesting a will after probate has started in California is feasible but requires prompt action and valid legal grounds. Adhering to the 120-day deadline and following proper legal procedures are crucial to mounting a successful challenge. Engaging a qualified probate attorney can provide guidance tailored to your specific situation.
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.
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