It’s a good idea to sit down with an experienced estate planning lawyer and as soon as possible if you believe there are grounds to contest a loved one’s will. This is not only to give you the necessary action steps to increase your chances of success, but to comply with the law which establishes limits for contesting a will.
The probate court should be petitioned as soon as possible if you believe you have grounds to contest a will. Only interested parties are eligible to bring a will contest which can eliminate some of the provisions or avoid a will entirely.
Creditors, heirs and specific beneficiaries named in the will are common examples of interested parties. The time limit for filing a California will contest depends on where the estate is currently at in the probate process. An objection to a petition based on the will can be filed as soon as possible after the person passes away.
If a probate petition has already been filed by personal representative named in the will, it is important for the party initiating the will contest to bring their own objection before the hearing on the petition.
If this hearing has already occurred and the court approved the will as a valid probate document, you have a maximum of 120 days from that hearing date to bring your own petition arguing to contest the will.
Need more information about California probate and contesting a will? Or want to limit the opportunity for someone else to challenge your will? Set aside time to speak with the right Pasadena lawyer to get the most out of your estate planning.