If you are concerned about the validity of a decedent’s will, it is imperative you address them in a timely manner, as California has a strict statute of limitations on contesting a will.
If you wait too long to bring a will contest, you may not be able to bring one at all, thereby compromising your chances of receiving your rightful inheritance from the decedent’s estate.
If you have determined that you have a financial interest (otherwise known as legal standing) in a decedent’s estate and the evidence needed to contest a will, it’s crucial you get in touch with a will contest attorney as soon as possible to get the will contest process started. If you’re unsure whether you have standing and evidence, your attorney could help you find out.
So, how long does someone have to contest a will? While there are certain exceptions that can make it possible to bring a contest after the time limit to contest a will has elapsed, the statute of limitations for contesting a will is generally not flexible since contests can delay estate administration, which, by extension, can delay when estate beneficiaries ultimately receive their distributions from an estate.
If you are uncertain about whether you are within the time limit to contest a will or wish to learn about your options if the statute of limitations on contesting a will has expired, Keystone Law Group’s experienced probate attorneys can help.
Will Contest Time Limits
A last will and testament is a legal document that instructs how and to whom a person’s assets should be distributed after they die.
How long is a will valid after death? A will goes into effect upon the death of the will creator (called the testator) and also becomes irrevocable during that time. However, distributions cannot be made to beneficiaries until the will has passed through the court-supervised probate process during which the will is authenticated and an executor of the estate is formally appointed.
If you have inspected a decedent’s will and wish to contest it, the time by which your contest must be filed will depend on whether the will at issue has been admitted to probate. In the following section, we’ll go over the difference between contesting a will before probate and after.
When Can a Will Be Contested?
Generally, a will contest can be filed at any time prior to the will’s admission to probate. However, if a will has already been admitted to probate, the statute of limitations on contesting a will is generally 120 days from the date of admission.
Ideally, you should start the process of contesting a will as soon as you are notified that someone has filed a petition to open probate. You will need to file both an objection to the probate petition and a formal petition to invalidate the will.
It is recommended that you consult with a probate attorney to prepare and file both documents, but it’s particularly important for the objection, as California does not have a standardized objection form for you to fill out. By taking this preliminary step, you may be able to stop the admission of the will at issue to probate before the court has had the chance to authenticate it.
If the petition for probate has already been granted, you will not have the option to file a formal objection. Hence, you will have to bring a will contest petition to try to revoke probate of the will within the designated time limit to contest a will, which is 120 days from the date of the will’s admission to probate.
We understand how intimidating and stressful navigating the will contest process can be, but with an experienced will dispute attorney by your side, the process can be made infinitely easier.
Can a Will Be Contested After Distribution?
There is a reason why the state imposes a strict statute of limitations on contesting a will, and it is so beneficiaries can receive their distributions on time.
Even when a will is not being challenged, the probate process can take close to a year, if not longer. When there is a contest, the process could be prolonged even more.
In general, it is best to contest the validity of a will before the will is admitted to probate and before the executor makes any distributions to beneficiaries. This is for a few reasons.
For one, beneficiaries may have spent, sold or invested their inheritances, which could make recovering their inheritances virtually impossible.
Next, some or all of the beneficiaries may be incentivized to oppose your will contest, and distributions from the estate could be used to fund their defense.
Finally, contesting a will after distribution could come with emotional costs, such as the will contest dragging on for years or creating rifts among your family members.
While in certain extreme circumstances, contesting a will after distribution may be possible or even warranted (e.g., if it’s discovered after distribution that a will was created as a result of fraud), it likely will be an uphill and costly battle. Before making the decision to embark on it, discuss whether it would be worthwhile for you to do so with a qualified attorney.
Can a Will Be Contested After Probate Is Granted?
A will can be contested after probate is granted; although this is not typically when most will contests take place. That said, if you are contesting a will after probate is granted, your contest still must be filed within the 120-day time limit to contest a will.
As mentioned, it is ideal to file a formal objection to the admission of a will to probate before the probate petition is granted, but it is still possible to contest a will after probate is granted, too. The only catch is that bringing a contest after probate is granted can result in higher legal costs and delays in beneficiaries receiving their inheritances.
It is important to note, however, that if an interested party seeking to contest a will had actual notice of another party’s will contest in time to have joined the contest, and yet failed to do so, they may be barred from contesting the will after it is admitted to probate pursuant to California Probate Code section 8270(a).
This is another reason why it is critical to consult with a qualified attorney as quickly as possible following a decedent’s death, particularly if you are contemplating contesting their will.
FAQs: Statute of Limitations on Contesting a Will
If you couldn’t find the answers you were searching for above, check out our FAQs section below. Remember, if you have specific questions, you can always reach out to our legal team for a free consultation.
Given California’s inflexible statute of limitations on contesting a will, it’s crucial that you not delay seeking help if you plan to contest a decedent’s will.
How long does it take to contest a will?
How long it will take to contest a will depends on the nature and complexity of your will contest , as well as how open the parties involved are to settling the case at mediation.
On the low end, will contests can span a few months to a year, but this is generally only the case if the will contest is cut and dried, and the parties involved are amenable to settling the case early at mediation.
On the high end, will contests can span a few years, but this is generally only the case if the will contest is complex, and the parties involved are unwilling to settle the contest at mediation, leading to the case going to trial.
In some instances, the parties won’t agree to settle until very late in the process. This also could lengthen the will contest process.
Can a will be challenged after 20 years?
It is technically possible to challenge a will after 20 years. In most cases, this happens because a decedent’s will was never offered for probate, which is a rare occurrence.
If you wish to contest a will after 20 years, it would be best for you discuss your case with a qualified attorney, who can provide you with guidance as to whether or not it would be worthwhile for you to do so.
Can a no-contest clause prevent me from contesting a will?
No-contest clauses seek to penalize beneficiaries who contest a will by disqualifying them from receiving any inheritance if their contest is unsuccessful.
No-contest clauses may sound ominous, but they shouldn’t stop you from filing a contest if you believe a will to be invalid—and they especially shouldn't stop you if you aren’t receiving anything under a new version of a will since there would be no risk of you losing your inheritance.
Furthermore, no-contest clauses can be difficult to enforce, thanks in part to laws in California that went into effect in 2011.
That said, you shouldn’t completely downplay the risk of contesting a will with a no-contest clause, either. No-contest clauses still have the potential to jeopardize your potential inheritance.
If a will has a no-contest clause, it’s recommended that you consult with a skilled probate attorney before challenging the will to ensure whatever inheritance you have remains protected.
Still have questions about how long you have to contest a will? Call our knowledgeable team today.
How long do you have to contest a will? Is contesting a will after distribution possible? If you are unsure whether you are within the time limit to contest a will, Keystone Law Group’s experienced probate attorneys can help.
Our attorneys specialize in probate litigation and have years of experience handling complex will contest matters for clients across California. Call us today to schedule your free consultation.
