While there are certain exceptions that can make it possible to bring a contest after the time period to contest a will or trust has elapsed, the statute of limitations for contesting a will or trust is generally not flexible, since contests can delay trust and estate administration, which, by extension, can delay when beneficiaries ultimately receive their estate and/or trust fund distributions.
If you are unsure whether you are within the time limit to contest a will or trust or wish to learn about your options if the statute of limitations on contesting a will or trust has expired, Keystone Law Group’s experienced probate attorneys can help.
When Can You Contest a Will?
A will is a legal document that instructs how and to whom a person’s assets should be distributed after they die. The document goes into effect upon the death of the testator (the creator of the will); however, distributions cannot be made to estate 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 appointed, among other things.
If you have inspected the decedent’s will and wish to contest it, the deadline for filing your will contest will depend on whether or not the the document has been admitted to probate. Generally, a will contest can be filed at any time prior to a will’s admission into probate. If the decedent’s 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 a petition to open probate has been filed. You will need to file a formal objection to the probate petition, which you may wish to seek the help of a legal professional to do, since California does not make available a formal objection form to fill out. By taking this preliminary step, you may be able to stop the admission of the will to probate before the court begins the process of legitimizing the document. A successful objection could amount to lower legal costs than if you were to bring a will contest.
If the petition for probate has already been granted, you will not have the option to file a formal objection. Rather, you will have to bring a will contest and petition to revoke probate of the decedent’s will within the designated time limit to contest a will, which is 120 days from the date the probate petition was approved.
Navigating this process can be complicated and confusing for people who are not familiar with probate law. As such, hiring an experienced will contest attorney is a worthwhile investment.
Is Contesting a Will After Distribution Possible?
There is a reason why the state imposes a strict statute of limitations on contesting a will, and it is so estate beneficiaries can receive timely distributions. Even if a will is not being challenged, the probate process can last close to a year, if not longer. A will contest can prolong the process even more.
In general, it is best to contest the validity of a will before the will is admitted to probate and before distributions are made to beneficiaries. For one, if beneficiaries have already received their inheritances, they may have spent, sold or invested them, which could make them more difficult to recover. Second, the beneficiaries have an incentive to oppose your will contest, and they could use their distributions from the estate to fund their defense of the will. Finally, it is important to consider the emotional costs of contesting a will, as will contests can drag on for years, creating rifts among family members.
So, while in extremely rare circumstances, contesting a will after distribution may be possible, it likely would be an uphill and costly battle. Before making the decision to embark on it, it would be best to consult with an experienced estate lawyer.
Can a Will Be Contested After Probate Is Granted?
A will can be contested after probate is granted, although that is not when most will contests take place. The contest has to be filed within the 120-day time limit to contest a will. As previously mentioned, it is ideal to file a formal objection to the admission of the will to probate before the probate petition is granted, but it is nevertheless possible to contest a will after probate has been granted as well. The only caveats are that will contest costs will likely be higher and it could take longer for beneficiaries to receive their inheritances.
It is important to note, however, that if an interested party seeking to bring a contest had notice of another party’s will contest in time to have joined the contest, but they failed to do so, they may be barred from contesting the will after it is admitted to probate, pursuant to Probate Code Section 8270(a). This is yet another reason why it is critical to consult with a qualified attorney as quickly as possible after a decedent’s death, particularly if you are contemplating filing a will contest.
When Can You Contest a Trust?
A trust is a fiduciary arrangement in which a third party, the trustee, holds title to trust assets on behalf of the trust beneficiaries. Unlike wills, trusts do not pass through probate. While a trust can offer more privacy and potentially get beneficiaries their trust fund distributions faster, trusts have downsides, such as the court not overseeing the trust administration process. This means that it is up to the trustee and interested parties to determine whether a decedent’s trust is valid. A qualified trust attorney can assist with making this determination.
According to California Probate Code section 16061.7, trustees generally have 60 days from the death of the settlor (the creator of the trust) to notify trust beneficiaries and the settlor’s heirs about administration of the trust. The statute of limitations for contesting a trust in California begins with the trustee’s service of a formal document known as the Notification by Trustee, which must be mailed when a trust becomes irrevocable upon the death or incapacitation of the settlor. The California trust contest statute of limitations is the later of (a) 120 days from the date of the mailing of the Notification by Trustee, or (b) 60 days from the date a copy of the trust is provided to the heirs and beneficiaries within that 120-day period.
If a loved one has died, and you have received a copy of the Notification by Trustee, the timeframe for contesting the trust has started. Because the statute of limitations is so short, it is essential you promptly follow up with an experienced trust attorney to help you review the trust and determine the basis for a potential contest.
Is Contesting a Trust After Distribution Possible?
Similar to will contests, trust contests are time-barred because of how difficult it is to recover assets that have already been distributed to beneficiaries. It is essential to act quickly to bring your contest, so you initiate the court proceeding within the 120-day statute of limitations for contesting a trust in California.
That said, under rare circumstances, it might be possible to contest a trust after distributions have been made. For example, if the trustee neglected to serve the Notification by Trustee, or if they had made distributions within the 120-day time period for contesting a trust, it may be possible to bring your dispute despite the statute of limitations for contesting a trust potentially having elapsed.
A good rule of thumb is to work with a probate attorney as soon as you are notified by the trustee to confirm the validity of the trust, regardless of whether or not you plan to bring a contest. This way, you will have plenty of time to decide whether bringing a contest is something you want to do.
Who Can Contest a Will or Trust?
While it’s important to stay on top of the statute of limitations on contesting a will or trust, it’s also important to determine early during the administration process whether you have standing to bring a contest.
Standing basically means you have a financial stake in the outcome of the matter. If, for example, the will or trust being invalidated would mean you receive a greater inheritance than you stand to receive under will or trust you are contesting, you have standing. If having the will or trust invalidated would reduce your inheritance or altogether eliminate it, you do not have standing.
Only individuals with legal standing can challenge the validity of a will or trust. Parties with standing generally include:
- Any beneficiary who is named in the trust or will
- Beneficiaries named under a prior version of the trust or will
- The decedent’s heirs
If you have questions about your standing to contest a will or trust, get in touch with a probate attorney as soon as possible to ensure that the statute of limitations on contesting a will or trust does not expire.
What Are the Grounds for Contesting a Will or Trust?
As touched on earlier, there are only a few acceptable grounds for contesting a will or trust. Suppose you are seeking to bring a will contest because you don’t like the provisions of the document or believe you are deserving of a greater inheritance. In this instance, not only would it be unlikely that you could contest the will and win, but it would be unlikely that the court would grant your requested contest in the first place.
Valid grounds for contesting a will or trust include:
- The decedent may have lacked capacity when the will or trust was created or executed.
- The will or trust was procured by undue influence or fraud.
- Elder financial abuse is suspected as having played a role in the creation or execution of the will or trust.
- The will or trust is suspected of being a forgery.
- The proper procedures were not followed when executing the will or trust.
- The decedent created or executed the will or trust by mistake.
- The decedent previously revoked the will or revoked the trust.
- The will or trust was procured by menace or duress.
Can a “No-Contest” Clause Prevent Me from Contesting a Will or Trust?
Will and trust no-contest clauses seek to penalize beneficiaries who contest or defend a will or trust without probable cause by disqualifying them from receiving any money or property from the estate or trust if their claim is unsuccessful.
No-contest clauses may sound ominous, but they should not discourage you from filing a contest if you believe a will or trust to be invalid, and especially if you are not receiving anything in the new version of the document. Likewise, no-contest clauses should not discourage you from defending a contest that is baseless.
Furthermore, no-contest clauses are difficult to enforce, thanks in part to laws in California that went into effect in 2011. Still, this doesn’t mean contesting a will or trust with a no-contest clauses isn’t risky; your inheritance could potentially be eliminated as the result of one (read about these trust beneficiaries who forfeited $10 million for contesting a trust without having probable cause), so it is best to consult with a probate attorney before challenging a will or trust with a no-contest clause.
How long do you have to contest a will or trust? Keystone's trust and will dispute attorneys can provide clarification.
How long do you have to contest a will or trust? Is contesting a will after distribution possible? Is it possible to contest a trust after distribution?
If you are unsure whether you are within the time limit to contest a will or trust, Keystone Law Group can help. Our trust and will contest attorneys specialize in probate litigation. They have years of experience handling complex probate matters for clients across California seeking to challenge a will or trust. Call us today to schedule your free consultation.