Probate Litigation: 12 Ways to Challenge a California Will
At The Grossman Law Firm, we understand the complexities of challenging a will in California. For over twenty years, we have been assisting families in securing their inheritance. It’s crucial to involve a seasoned legal professional early on to navigate the complex steps and devise the best strategy to challenge the will while safeguarding your rights and interests. This article provides 12 ways to challenge a California will by helping you understand the probate litigation process.
While not common, a party may contest a California will during estate administration. Even seemingly baseless claims can significantly drain the estate’s time and finances as the executor fights to uphold the will’s validity. That’s why knowing how to challenge a will and make the most compelling case is vital.
Twelve ways you can challenge a will in California
Contesting a will in California is a complex legal process that requires valid grounds and careful consideration. While challenging a will is not common, there are several situations where it may be warranted. Here are 12 ways to contest a will in California:
- The testator was under age 18.
- The testator was not capable of reasoning and making decisions.
- The testator did not sign the California will.
- Another person did not sign the California will in the testator’s presence and at their direction.
- A conservator under court order did not sign the California will.
- At least two witnesses did not sign the California will.
- The witnesses were not present at the same time.
- The witnesses did not see the signing of the will.
- Witnesses did not see the testator’s acknowledgment of the signature or the will.
- Witnesses did not understand that the instrument they signed was the testator’s will.
- The will is not in writing.
- The signature is not that of the testator but is handwritten.
Who Can Contest a Will
To contest a will in California, you must be an “interested party,” such as:
- A beneficiary named in the current or a previous will
- A legal heir under California intestacy laws (e.g., spouse, child, parent, sibling)
- An unpaid creditor of the deceased
Act quickly and file an objection with the probate court before the will is admitted to probate. Consulting with an experienced attorney can help you navigate the complex process of contesting a will and ensure your rights are protected.
Challenging a Will
Remember that contesting a will after probate has been granted can be more challenging and potentially more expensive than objecting before probate is initiated. If you’re considering contesting a will, it’s highly recommended that you consult with an experienced probate attorney as soon as possible. They can help you evaluate the strength of your case, gather necessary evidence, and ensure that all required documents are filed within the statutory timeframe. Remember, once the 120-day period has elapsed, your ability to contest the will may be permanently lost. This is regardless of the merits of your claim.
Knowing the Basics of Proper Administration and Challenging a Will
Please review our articles on “Beneficiary’s Rights in California,” “The Importance of Hiring a Probate Attorney in California,” and “How do I remove a trustee in the California Probate Court?”
If you still need more information on Probate Litigation, check out our complete Overview of Probate Litigation: A Comprehensive Guide for Heirs and Beneficiaries on our website. If you have more questions about your rights as a beneficiary and what you should know moving forward.
Whether you are still having some trouble, have any more questions, or want to talk to someone about your case, please give us a call or fill out our Get Help Now form.
If this aligns with what’s happening to you, reaching out as soon as possible is best. The longer you take, the more damage your will could suffer. Please call us at (888) 443-6590, and we would be more than happy to see if we can assist you.