How Often Are Will Contests Successful in California? Key Stats & Insights

Quick Answer: The success rate for challenging a will in California is low, with estimates suggesting that fewer than 10% to 15% of all will contests are successful. Courts strongly favor upholding a valid will, especially one that was properly executed and clearly reflects the testator’s wishes. That said, when challengers present strong, documented evidence of wrongdoing—such as undue influence, lack of capacity, or fraud—courts do intervene.

At Moravec, Varga & Mooney, we help clients assess whether a challenge is likely to succeed before taking action. We also represent clients defending valid wills from unsubstantiated claims.

What Must You Prove to Contest a Will in California?

Challenging a will isn’t about whether it feels “fair”—you must prove a legal basis under the California Probate Code.

Common grounds include:

• Lack of testamentary capacity: The testator did not understand the nature or consequences of the will.

• Undue influence: The testator was coerced into changing their will by someone in a position of power or trust.

• Fraud: The will was procured through deceit.

• Forgery: The signature or document itself is not genuine.

• Improper execution: The will does not meet the legal requirements under Probate Code §6110.

• Revocation: The will was revoked prior to the decedent’s death.

You’ll need more than a suspicion or disagreement with the outcome—you must provide solid legal evidence.

Factors That Affect Success Rate

Several circumstances can increase or decrease your likelihood of success:

✅ Higher Likelihood of Success:

• There is a late-stage amendment benefiting a new caregiver or stranger

• The testator suffered from cognitive decline at the time of signing

• You have medical records, prior consistent estate plans, or credible witnesses

• A person in a position of trust helped draft the will (creating a presumption of undue influence)

🚫 Lower Likelihood of Success:

• The will was drafted by an attorney and signed with two witnesses

• There’s no medical history of incapacity

• The challenger has no standing (e.g., not an heir or prior beneficiary)

Who Can Challenge a Will?

Only individuals with legal standing can file a will contest in California. This typically includes:

• Heirs (people who would inherit under intestate succession)

• Beneficiaries of a prior will

• Named fiduciaries whose roles were changed or removed

Deadline to Contest a Will

In California, a will contest must be filed before the will is admitted to probate, or within 120 days after the probate court issues the order admitting the will. Missing this deadline can permanently bar your claim.

What Happens If You Lose?

If your will contest is unsuccessful, you may face:

• Loss of inheritance (if the will contains a no-contest clause)

• Attorney’s fees (if the court finds the claim frivolous)

• Emotional strain from extended litigation with family

Considering a Will Contest? We’ll Help You Weigh the Odds

If you believe a will was the result of coercion, fraud, or incapacity, don’t go it alone. At Moravec, Varga & Mooney, we help you understand your chances and develop a plan grounded in law and evidence.

📞 Schedule a consultation today to protect your inheritance—or defend a will you know is valid.