As an heir or beneficiary, you have clear rights under California law. If you believe an executor is mismanaging funds, a will was signed under pressure, or a trust is being handled improperly, the law gives you a way to challenge it.
These concerns are recognized legal claims under the California Probate Code. Many come with strict deadlines. For example, once a trustee provides formal notice that a trust has become irrevocable, you may have only 120 days to file a challenge. Missing this window almost always closes the door on your claim and allows wrongdoing to go unaddressed.
At Wade Litigation, we take fast and decisive action. We collect the evidence, meet every deadline, and present your position clearly in court to protect your loved one’s intentions and your rightful share.
If you have questions about a trust, a will, or the administration of a family estate, call us at 888-705-5059 for a direct and confidential consultation.
Contents
- 1 Key Takeaways for California Probate Disputes
- 2 What Are the Most Common Grounds for a Probate Dispute in California?
- 3 How Do I Begin the Process of Contesting a Will or Trust?
- 4 What Happens After a Probate Dispute Is Filed in Court?
- 5 What Are My Rights as a Beneficiary to Information and an Accounting?
- 6 Frequently Asked Questions About California Probate Disputes
- 7 Protect Your Rights and Your Loved One’s Legacy
Key Takeaways for California Probate Disputes
- Strict deadlines apply to all challenges. If you suspect a problem with a will or trust, you may have as little as 120 days to file a formal contest, and missing this window permanently forfeits your rights.
- You must have specific legal grounds for a dispute. Simply disagreeing with the terms of a will or trust is not enough; you must prove a valid reason for the challenge, such as undue influence, lack of mental capacity, or fraud.
- Beneficiaries have a right to information and a formal accounting. An executor or trustee is legally required to keep you informed and provide a detailed financial report of the estate’s assets, income, and expenses upon request.
What Are the Most Common Grounds for a Probate Dispute in California?
To dispute an estate plan, you must prove a specific legal reason why it should not be followed. With California probate filings projected to rise, courts are seeing more complicated cases involving blended families and digital assets, making the burden of proof even more specific.
Here are the most common reasons a will or trust may be invalidated:
Lack of Mental Capacity
Did the person understand what they were signing? California law presumes a person has the “testamentary capacity” to sign a will.
To challenge this, you must show that at the time of signing, they did not comprehend the nature of their assets, their relationship to their heirs, or the act of creating a will itself. This is a low threshold, but it is proven with compelling evidence, such as medical records showing advanced dementia or psychiatric evaluations from the time.
Undue Influence
Was your loved one pressured into changing their will? This involves showing that someone used their position of power to manipulate the person, overcoming their free will.
California Probate Code § 86 defines undue influence as “excessive persuasion” that results in an unfair outcome. Courts look for evidence of the alleged influencer controlling communication, isolating the victim, or procuring the will for their own benefit.
Fraud or Forgery
Is the document itself legitimate? Fraud takes many forms, from a forged signature to a situation where the person was tricked into signing a document they did not understand. If you prove that the will or trust was created through fraudulent means, the court will invalidate it.
Breach of Fiduciary Duty
Is the executor or trustee mismanaging the estate? An executor has a strict obligation (a fiduciary duty) to act in the best interests of the beneficiaries. This includes communicating openly, managing assets prudently, and distributing them according to the law.
Failing to do so, such as by commingling personal funds with estate funds or making improper investments, is a direct violation of their legal responsibilities and are grounds for their removal and for holding them financially liable for any losses.
Improper Execution
Was the will signed and witnessed correctly? California Probate Code § 6110 has strict rules about how a will must be executed. Generally, the will must be in writing, signed by the person making it (the testator), and signed by two witnesses who were present at the same time and understand the document is a will. If these formalities were not followed, the document could be declared invalid.
How Do I Begin the Process of Contesting a Will or Trust?
The legal process for a probate dispute follows a structured path with strict deadlines you cannot afford to miss. Each step requires careful documentation and adherence to court rules. The journey begins the moment you suspect an issue.
First, Gather Your Information
Collect all relevant documents: copies of the will or trust, correspondence from the executor or trustee, and any evidence that supports your claim (e.g., emails, medical records, financial statements). The more organized your information, the clearer your position becomes.
Then, Understand the Deadlines
Time is not on your side in these matters.
- For Trusts: Under California Probate Code Section 16061.7, once a successor trustee provides formal notice that a trust has become irrevocable, you generally have a 120-day window to file a contest. Missing this deadline permanently bars you from challenging the trust.
- For Wills: The timeline to contest a will is also time-sensitive and begins once the probate process is formally opened in court.
Next, File a Formal Legal Petition With Your Lawyer
A formal legal document, or petition, must be filed with the correct California probate court. This petition outlines your relationship to the deceased, the legal grounds for your dispute, and the remedy you are asking the court to provide.
What Happens After a Probate Dispute Is Filed in Court?
The next phase of a probate dispute is centered on evidence gathering and negotiation, which is the longest and most involved part of the process.
The “Discovery” Phase: Uncovering the Facts
This is the formal process where both sides exchange information and evidence. It involves:
- Depositions: We question key individuals (like the person who drafted the will, witnesses, or the person accused of undue influence) under oath. Their testimony is recorded by a court reporter and is used as evidence.
- Interrogatories: We send written questions that the other party must answer in writing, also under oath. This helps clarify their position and obtain specific facts about the case.
- Subpoenas: We request documents from third parties, such as medical records to assess mental capacity or financial records to trace missing assets. This is necessary with the rise of complicated digital assets like cryptocurrency, which are difficult to track.
Mediation: A Path to Resolution
Many California probate courts, especially in backlogged counties, strongly encourage or even require the parties to attempt mediation. This is a confidential meeting where a neutral third party often guided by insight from a knowledgeable family law attorney helps both sides try to reach a mutually agreeable settlement. The goal is to resolve the dispute without the cost and emotional toll of a full trial. It is an effective way to preserve family relationships and reduce legal expenses, which otherwise consume a large portion of an estate’s value.
Trial: Presenting Your Case to a Judge
If mediation fails to produce a resolution, the case will proceed to a trial. At trial, we present all the evidence and witness testimony gathered during discovery. The judge will listen to both sides and then make a final, binding decision on the matter. Wade Litigation prepares every case as if it will go to trial, ensuring we are ready to argue your position effectively before the court should it become necessary.
What Are My Rights as a Beneficiary to Information and an Accounting?
Your Right to Be Kept Informed
The executor or trustee has a legal duty to keep you reasonably informed about the estate’s administration. This is a core part of their fiduciary duty. This includes providing you with a copy of the will or trust and notifying you of significant actions, such as the sale of real estate or other major assets. You have a right to ask questions and receive timely and complete answers.
Your Right to a Formal Accounting
You have the right to demand a formal accounting. This is a detailed financial report that must be provided in a specific format as required by the California Probate Code. The accounting must show:
- What the estate started with: A complete inventory of all assets at the time of death.
- All money that came in: Any income earned by the estate (e.g., rent, interest, dividends).
- All money that went out: A full breakdown of all expenses, including funeral costs, debts, taxes, and administrative fees.
- What is left: The final balance of assets available for distribution to the beneficiaries.
What if the Executor or Trustee Refuses?
If the person managing the estate refuses to provide information or an accounting, you file a petition with the probate court to compel them to do so. A court order forces them to provide the required documents. A failure to comply with a court order is grounds for their removal and other penalties, and a probate litigation lawyer can help ensure this accountability— This accountability is especially important because rising personal debt rates mean some executors face pressure from creditors, making transparent accounting necessary to protect the estate.
Frequently Asked Questions About California Probate Disputes
Can I be written out of a will in California?
Yes, in most cases, a person could disinherit a child or other relative. However, if the disinheritance was the result of fraud or undue influence, you may have grounds to challenge it. Spouses also have specific community property rights that generally cannot be completely eliminated by a will alone.
How much does it cost to contest a will?
The cost varies widely depending on the difficulty of the case and how contentious it becomes. Some attorneys work on an hourly basis, while others may use a contingency fee arrangement, where they are paid a percentage of what they recover for you. Contested cases are expensive, with legal fees sometimes consuming a significant portion of an estate’s value, which is why we explore options like mediation first to find a more cost-effective resolution.
What is the impact of Assembly Bill 2016 on probate?
Effective April 1, 2025, Assembly Bill 2016 raises the small estate threshold for a primary residence to $750,000. This change allows more families to transfer a home to an heir using a simplified court process rather than undergoing the formal, lengthy probate process. This is a targeted fix intended to help more Californians transfer their primary asset, the family home, without the full process of probate.
Does a “no-contest” clause prevent me from filing a dispute?
Not necessarily. While a no-contest clause is designed to discourage lawsuits by disinheriting anyone who challenges the will, California law provides important exceptions.
Under Probate Code § 21311, the clause is generally not enforceable if you have “probable cause” to file your claim. This means you must have a reasonable belief, based on the facts known to you at the time, that your challenge has a likelihood of success. The court may not enforce the clause against you even if you ultimately lose the case.
My case is in a smaller county like Ventura. Does that change anything?
It does. Some counties may have more significant court backlogs and fewer judicial resources than larger metropolitan areas like Los Angeles. This leads to longer wait times for hearings and other procedural delays. We are familiar with the local rules and procedures in courts throughout California and account for these regional differences when managing your case.
Protect Your Rights and Your Loved One’s Legacy
Allowing a wrongful will, a mismanaged trust, or an untrustworthy executor to stand is not what your loved one would have wanted. The law provides you with a clear path to hold people accountable and demand the transparency you are entitled to. You have the right to ask questions, to see the financials, and to challenge a document.
At Wade Litigation, our practice focuses on guiding families through these exact challenges. We handle the legal process, from court filings and deadlines to evidence gathering and negotiations, so you can focus on moving forward.
If you are questioning the handling of a family estate, take the next step. Call Wade Litigation today at 888-705-5059 for a confidential discussion about your situation.