Will Contests | Probate Attorneys in Roseville, CA

What Is a Will Contest?

A will contest is a formal legal challenge filed in California Superior Court (Probate Division) disputing the validity of a decedent’s will. Unlike a simple disagreement with a testator’s choices, a will contest alleges a legal defect that renders the will—or a specific portion of it—legally invalid. Will contests must be filed within strict deadlines and must be based on recognized legal grounds.

Legal Grounds for Contesting a Will in California

Under California Probate Code § 8250 et seq., a will may be contested on several grounds, including:

• Lack of testamentary capacity: The decedent did not understand the nature of making a will, the extent of their property, or the identity of their natural heirs at the time the will was executed.

• Undue influence: The will was the product of coercion or manipulation by another person who overcame the testator’s free will.

• Fraud: The testator was deceived into signing a will, or was misled about the nature or contents of the document.

• Improper execution: The will was not signed and witnessed in compliance with California Probate Code § 6110, which requires the signature of two competent, disinterested adult witnesses.

• Forgery: The will or the testator’s signature is not authentic.

• Revocation: The will was revoked by a later valid will or by a deliberate act of the testator.

Who Has Standing to Contest a Will?

In California, only an “interested person” has standing to contest a will. This typically includes heirs at law, beneficiaries named in the will or a prior will, and creditors of the estate. Our attorneys can evaluate whether you have standing before initiating any proceeding.

The Will Contest Process in California

A will contest is filed as a petition in the Superior Court of the county where the decedent resided. It triggers a contested probate proceeding, which may involve discovery, depositions, expert witness testimony (such as from physicians or handwriting analysts), and ultimately a bench or jury trial. The process requires careful preparation and strategic litigation.

Defending a Will Against a Contest

We also represent executors and beneficiaries whose interest is in upholding the validity of the decedent’s will. We work to gather and present evidence that the will was properly executed and reflects the testator’s genuine, informed, and independent wishes.