How to Contest a Will in California
- 1). Ensure that you have standing to challenge the will. The only people who can challenge a will are those who are specifically named in the will, were named in a previous will or would have received a share of the estate under intestacy laws (California laws that determine how an estate is divided when someone dies without a will). Individuals in the last category tend to be spouses or children.
- 2). Identify the legal reason you have for contesting the will. You cannot contest a will merely because you do not like it; California requires that you have a specific legal reason. The most common reasons are lack of capacity (Californians must be at least 18-years-old and of sound mind to create a will), duress (if someone coerced the individual to make a will), menace (if someone threatened to injure or blackmail the individual unless she made a will), fraud, undue influence (someone took advantage of a relationship with the deceased to encourage her to make a will) and mistake.
- 3). Look for any no contest clauses in the will. Some wills include provisions that disinherit beneficiaries if they attempt to challenge a will. If such a provision exists, you will have to decide if it is worth the risk to challenge the will, as a failure will mean that you will not collect anything from the estate.
- 4). File an objection with the probate court that is handling the individual's estate. Your objection must state your reasons and explain why you have standing on the issue. The form of the objection will vary depending on your jurisdiction within California, but the clerk of the probate court should be able to provide you with a document to fill out if you are representing yourself.
- 5). Attend the hearing that is assigned to you. At the hearing, you will have the burden to prove why the will is invalid. Present any evidence you have (including previous wills if any exist) and try to convince the probate judge that the will in question should not be used to distribute the estate.
