Can I contest a will in California and on what grounds?

What the Law Says

California law allows certain people to challenge a will during probate if they meet statutory requirements and assert legally recognized grounds.

Only an 'interested person' — such as a beneficiary named in the will, a beneficiary under a prior will, or a legal heir who would inherit if there were no will — may contest a will in California.

A will contest must be filed within 120 days after the court issues an order admitting the will to probate (Probate Code § 21310).

Valid legal grounds include: (1) the testator lacked testamentary capacity; (2) the will was procured by fraud, duress, or undue influence; (3) the will was not executed with proper formalities (e.g., lacking two qualified witnesses); or (4) the will was revoked.

Testamentary capacity requires the testator to understand the nature of making a will, know the general extent of their property, and recognize the natural objects of their bounty (e.g., close family members) — per Probate Code § 6100.5(a)(1)–(3).

Statutory Text

A person is not qualified to make a will if the person does not have sufficient mental capacity to understand the nature of the act of making a will, understand and recollect the nature and situation of the person’s property, or remember and understand the person’s relations to living descendants, spouse, and parents.

— Probate Code § 6100.5(a) — Testamentary capacity

Statutory Text

An interested person may file a petition to contest the validity of a will within 120 days after the issuance of an order admitting the will to probate.

— Probate Code § 21310 — Time for filing petition

What Courts Have Said

California courts have clarified key elements for successful will contests, especially around undue influence and capacity.

What to Do

Sources