Who can contest a will in California?

An interested person, typically an heir, beneficiary, or someone named in a prior will, has standing to contest. The exact standing analysis depends on how the contest would affect your share.

How long do I have to contest a will?

Timing is critical. A contest can be raised before the will is admitted, or generally within 120 days after the order admitting the will to probate under Probate Code section 8270. Waiting can forfeit your rights, so it is best to get advice quickly.

Who has the burden of proof?

The person offering the will generally must show it was properly executed. The contestant then carries the burden on grounds such as lack of capacity or undue influence. In some situations, a presumption of undue influence can shift that burden.

What is the risk of a no-contest clause?

Many wills and trusts include a no-contest clause. California enforces them only in limited circumstances, and a contest brought with probable cause is often protected. We evaluate that risk before anything is filed.

California Contested Probate Attorneys

Will contests and disputed probate administrations for heirs and beneficiaries. The deadlines are short, so the time to act is now.

Schedule a Free Consultation (415) 275-1492

The attorneys on your case

Mark C. Smith

Principal Attorney & Founder

Berkeley Law · AmLaw Top 50 Firm · Federal Clerk · Combat Veteran
Nicholas Jacobs

Attorney, Estate Planning

Northwestern California Law
Seth Steward

Litigation Attorney

GW Law · Harvard Kennedy · Former Prosecutor · Air Force Veteran

Veteran-Founded & Led

Founded by Mark C. Smith, U.S. Army combat veteran.
Berkeley Law-Trained

Educated at UC Berkeley School of Law.
California Statewide

SF · Sacramento · Los Angeles · San Diego.

You read the will and it does not sound like the person you knew: a sibling who handled the accounts ends up with nearly everything, a new spouse or a late-arriving caregiver walks away with the estate, or the signing is technically valid but nothing around it adds up. Challenging a will like that is not turning against your loved one. When a document stops reflecting what they actually wanted, honoring them means making sure their wishes, and not someone else's pressure, decide what they leave behind.

That is what a contested probate is: a challenge raised inside the probate case to test whether the will truly speaks for the person who signed it. The grounds are specific and the deadline is short, so the sooner the document is reviewed, the more of your options stay open, in or out of court.

If the estate is moving normally and you simply need it administered, see probate administration. For trust-side disputes, see trust and estate litigation.

Think the will is wrong? The clock is already running.

A will contest is usually raised before the will is admitted, or within a narrow window after. Once that window closes, the right can be lost for good.

Speak with counsel before you sign a waiver, consent to a distribution, or wait to see how it plays out.

Grounds to contest a will

Lack of testamentary capacity: the person did not understand the nature of the will, their property, or who would inherit
Undue influence: someone in a position of trust pressured or manipulated the will-maker into a result that does not reflect their true wishes
Fraud or duress: the will was procured by deception or coercion
Improper execution: the will did not meet the signing and witnessing requirements of Probate Code section 6110
Revocation or a later will: a more recent valid document controls

Deadlines, standing, and proof

Only an interested person can contest, and the window is narrow: a contest is generally raised before the will is admitted or within 120 days of the order admitting it under Probate Code section 8270. The proponent of the will usually must prove proper execution, and the contestant carries the burden on capacity or undue influence, though a presumption can shift that burden when a person in a confidential relationship benefits. We assess the evidence, the deadline, and any no-contest clause before recommending a path.

Why Corcoran Smith Law Corp.

Will contests turn on evidence, deadlines, and the burden of proof, often against family members. The work is to build the record and protect your position before the window closes.

Corcoran Smith Law is a California firm with offices in Sacramento and San Francisco. We are veteran owned. The partner works the matter, and clients are not handed off to a junior associate after the first call.

We weigh the no-contest clause, the deadline, and the strength of the evidence before anything is filed, so you contest from a position of strength or know early when not to.

Schedule a Free Consultation

Tell us what looks wrong with the will. We will review the documents and the deadline, and explain your options.

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What to bring to your consultation

The will or trust you are concerned about
Any prior wills, trusts, or amendments
Court notices or petitions you have received
Names of people who may have influenced the will-maker
A short timeline of the final months

Prefer to call?

(415) 275-1492

Free download

Know Your Rights as a California Beneficiary

When a trustee goes quiet, an accounting never comes, or a late amendment changes everything, the law still gives you specific rights and deadlines. Our plain-English guide explains what you are owed, the questions to ask, and the steps to take before you sign or accept anything.

Frequently asked

Will contest questions

Who can contest a will in California?

An interested person, typically an heir, beneficiary, or someone named in a prior will, has standing to contest. The exact standing analysis depends on how the contest would affect your share.
How long do I have to contest a will?

Timing is critical. A contest can be raised before the will is admitted, or generally within 120 days after the order admitting the will to probate under Probate Code section 8270. Waiting can forfeit your rights, so it is best to get advice quickly.
Who has the burden of proof?

The person offering the will generally must show it was properly executed. The contestant then carries the burden on grounds such as lack of capacity or undue influence. In some situations, a presumption of undue influence can shift that burden.
What is the risk of a no-contest clause?

Many wills and trusts include a no-contest clause. California enforces them only in limited circumstances, and a contest brought with probable cause is often protected. We evaluate that risk before anything is filed.

Client reviews

What our clients say

4.8 · 33 Google reviews

Thank you Nicholas Jacobs for your professionalism, attentiveness and commitment to helping us with some legal documentation. If you’re looking for a lawyer who’s articulate, knowledgeable and makes you feel comfortable, look no further! We’re so fortunate we had Nicholas help us navigate our needs every step of the way.

Nagam Jabbar October 2024 · Google
Nick Jacobs did an excellent job helping us with estate planning. He was thorough and always happy to explain in terms non-legal experts could understand! I couldn’t recommend him enough.

Quincy Mehta July 2025 · Google
I am very grateful to Corcoran Smith Law Corp for their outstanding support with my legal matter. From the very beginning, my lawyer took the time to truly listen to my concerns and explained everything clearly so I could understand the process. Nick was patient, compassionate, and always kept me updated, which gave me peace of mind during a very stressful time. His communication was excellent. I never felt left in the dark and always knew what was happening with my case. I felt like I had someone genuinely on my side who cared about the outcome. I highly recommend him and the entire team at Corcoran Smith Law Corp for anyone who needs legal guidance. They are professional, knowledgeable, and dedicated to their clients.

Rosheil Major August 2025 · Google
Cannot say enough about the incredible team at Corcoran Smith Law. When my family found ourselves in one of the most painful and complicated situations imaginable involving elder abuse, an inheritance dispute, and a serious breach of fiduciary duty. We didn't know where to turn. From the very first consultation, this firm made us feel heard, protected, and confident that we were in the right hands. The attorneys took the time to thoroughly explain every option available to us, the risks and benefits of each path, and ultimately helped us chart the best course of action for our specific circumstances. Their knowledge of elder law and fiduciary matters is truly exceptional, but what set them apart was their genuine compassion. They understood that this wasn't just a legal case, it was personal, it was emotional, and it involved protecting a vulnerable loved one. Throughout the entire process, communication was clear, timely, and reassuring. We never felt lost or left in the dark. They fought tirelessly on our behalf and achieved an outcome we are deeply grateful for. If you or your family are facing elder abuse or a complex estate and fiduciary dispute, do not hesitate, call Corcoran Smith Law. They are the advocates you need and the ones your family deserves.

Amanda Cichosz May 2026 · Google
I recommend this law firm for anyone who is looking for a dedicated legal representation. Everyone I interacted with was respectful and professional. From my first interaction I felt like my concerns were taken seriously and genuinely addressed. If you are searching for someone to advocate and work hard on your behalf I would absolutely suggest this firm! I’m extremely grateful for the help and support I received and would give them five stars without hesitation.

destinee Loyola August 2026 · Google
Nicholas Jacobs is an excellent attorney and an extraordinary human being. He has shown compassion, patience and kindness during a very difficult time. I greatly appreciate Nick's knowledge and expertise. His listening skills, intuition, patience, and clear explanations have been invaluable. I dreaded having to find an attorney to help me navigate this very difficult time, and I am so grateful to have found Cocoran Smith Law Corporation and Nicolas Jacobs. He has truly been more than I hoped for or expected.

Sherri Bilbro May 2026 · Google