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What is the Probate Court Process?
Before discussing the legal procedures involved in challenging wills and other estate planning documents, it is essential to have a basic understanding of the California probate court system.
Probate is the legal process of validating wills and other estate planning documents, administering the estate, identifying estate assets, settling debts, distributing assets to beneficiaries, and eventually closing the estate. The courts examine submitted documents during the probate process to ensure their legality and validity. During this stage, wills must be authenticated, and disputes could arise contesting their validity. While the probate court and the estate executor attempt to uphold the decedent’s final wishes, others can step forward to potentially challenge or dispute the will, estate plan, and estate administration.
Can You Contest a Will in California?
California law restricts individuals’ time before they are no longer allowed to contest a will, establishes the legal right to contest wills, and outlines the procedures inherent in will contests.
In California, wills can be contested after probate has been granted, but the window to do so is limited. Once probate begins, there is a 120-day statute of limitations to challenge the will and any other estate planning measures involved in the probate process. Failure to file a petition within the allotted time window could result in your inability to contest the will.
After the probate process has largely concluded and estate assets have been distributed, contesting a will becomes much more complex, though it is not impossible. In many cases, challenging a will after the distribution of assets involves challenging efforts to reclaim distributed assets.
So long as you perform the proper procedures, have acceptable grounds, and are legally allowed to contest a will, a family law attorney can assist you throughout the remaining steps of the process. However, it is worth noting that only approximately 30% of will contests are successful in California. Many people who try and fail to contest a will do so without professional legal representation. Estate litigation attorneys provide valuable legal guidance and improve the chances of successful will contests. To learn more about how we can benefit you and your case, please contact our law office to schedule your free initial consultation today.
What Are Commonly Accepted Grounds for Contesting Wills in California?
Before contesting a will, you must establish that you have legal standing and acceptable grounds to do so. To have standing, you must be personally capable of benefiting from the outcome of contesting and probating the will. Suppose you do not have any personal standing and are unaffected by the result of the probate process. In that case, you are unlikely to be able to contest the will even if you otherwise have valid grounds to raise an issue with the document.
Examples of acceptable grounds for challenging wills in California include, but are not limited to, the following:
- Lack of testamentary capacity is a commonly cited reason for contesting wills. This legal ground is based on whether the decedent was of sound mind when they drafted and signed their will into effect. Suppose the deceased individual was not of sound mind. In that case, they may have been unaware of their assets and the individuals who would stand to benefit from inheriting those assets. However, remember that just because someone is old and infirm does not automatically mean they lacked the testamentary capacity to create, modify, or enact a will. Courts require compelling evidence of cognitive impairment
- Sometimes, there may be technical errors or examples of non-compliance with legal requirements in the drafting or signing of wills and other estate planning documents. In such cases, it may be possible to argue improper execution took place, thus rendering the document void
- The existence of more recent and up-to-date wills can circumvent the validity of previous wills. If an out-of-date will is being presented in probate court, the up-to-date will must be presented in its place
- Though infrequent, we also see fraud cases, wherein someone may have forged a signature or doctored the last will and testament. These cases are driven by greed, resentment, and bitterness, and often involve family dynamics that have frayed seemingly beyond repair. To successfully prove fraud, state litigation lawyers must provide compelling evidence to the courts
- Undue influence is another commonly cited reason for contesting wills in probate. Disappointingly, some individuals may attempt to take advantage of vulnerable people in the last days of their lives, and pressure them into changing their wills to favor them and others. If you can prove coercion, a family law judge may accept that undue influence was involved in convincing the deceased to change the terms of the will, thus rendering the document invalid
Who Can Challenge a Will in CA?
In the California probate system, you must be an ‘interested party’ to have legal standing for contesting wills.
Interested parties may include the following:
- Any past or present beneficiaries who were named in the current will or any previous will
- Creditors who went unpaid and wish to collect on the deceased’s outstanding debts may have legal standing to challenge wills in probate
- Legal heirs of the decedent who are recognized under California’s intestacy laws of succession, such as surviving spouses, children, parents, and siblings
Evidence that could be used to challenge a will may include medical records, expert testimonies, financial records, and testimonies from witnesses or others who were close to the decedent during life.
What is the Legal Process for Contesting Wills in California Probate Court?
Contesting a will or any other estate planning document is a challenging and uphill legal battle. We strongly recommend that you seek appropriate legal assistance as your first step. Our law firm has extensive experience representing state law matters, including probate cases and will contests.
If you have legal standing and a valid reason for contesting the validity of a will, you must then file a petition with the appropriate probate court. The petition will attempt to block the probate process from continuing and require you to attend a courtroom hearing to state your objections.
After attending the initial hearing with your legal representative, you will be provided with the opportunity to file formal objections and contest the complaints. Professional legal counsel can assist you in preparing the petition and complaint, speak for you at the hearing, and handle any other relevant legal issues in your case.
If the court has already accepted the current will, you have only 120 days from the beginning of the probate process to make a written objection. Your petition must include your legal grounds for contesting the will during probate.
After a will contest begins, several stages of litigation follow. Many probate courts will encourage interested parties to attempt to settle their disputes in mediation. Reaching an agreement and avoiding the need for a lengthy courtroom trial is possible. However, if an agreement proves impossible, your case will go to trial, where a county court judge will likely hear it. Once the trial has concluded, the judge will have approximately three months to render a decision.
Contact Us to Request a Free 30-Minute Consultation with Our Compassionate Legal Team
If your will contest goes to trial and you have the opportunity to make your voice heard, there are still several stages to estate litigation that await you. Discovery, witness depositions, mediation, trial, and other legal procedures can be especially daunting if you do not have professional legal representation in your corner.
Our California lawyers are ready to represent your interests in pursuit of a favorable outcome. We believe in providing clients personalized, compassionate, and fully committed legal services during these challenging probate scenarios.
To speak more about your case, please contact our law office and request a free consultation today. You can reach us at 909-451-7005.
