Contesting a will or trust in California: the deadlines that decide your case
Many people who believe a will or trust is unfair lose the right to challenge it simply because they waited. California sets short deadlines for these cases. Here is what to know before deciding anything else.
Trust contests: 120 days from the notice
When a living trust becomes irrevocable at the creator's death, the trustee must serve a notice on beneficiaries and heirs under Probate Code section 16061.7. A person who receives that notice generally has 120 days from service, or 60 days after a copy of the trust terms is delivered if requested within those 120 days, whichever is later, to file a contest. Once that period runs, the challenge is usually barred.
Will contests: before admission, or 120 days after
A will can be challenged by filing an objection before the court admits it to probate. After the will is admitted, a petition to revoke the probate generally must be filed within 120 days. Missing the hearing on the petition for probate can shorten your options quickly.
Common grounds
- Lack of capacity. The person did not understand what they owned, who their family was, or what the document did.
- Undue influence. Someone in a position of trust used pressure to substitute their wishes for the person's own. California presumes undue influence in some situations, such as gifts to a caregiver or to someone who helped draft the document.
- Fraud or forgery.
- Improper signing or witnessing.
No contest clauses
Some documents say a beneficiary who contests loses their gift. In California these clauses are enforced only in limited circumstances, generally when the contest is brought without probable cause. Get advice before deciding a no contest clause keeps you from acting.
What to do first
- Write down the date you received any notice from a trustee or the court.
- Request a copy of the trust or will and any amendments.
- Gather medical records, emails and witnesses about the person's condition when the document was signed.
- Talk to a lawyer well before the deadline. Many disputes settle, but only if the claim is preserved.