If you plan to contest a decedent’s will, it’s crucial you not delay legal action — interested parties typically only have 120 days from the date a decedent’s will is admitted to probate to contest the document, per California Probate Code section 8270.
While the statute of limitations on contesting a will isn’t the only factor to consider in a will contest — you must ensure you have legal standing and valid grounds on which to contest a will — it is one of the most critical. No matter how strong your case may be, ignoring the deadline could cost you your inheritance. In fact, many legitimate claims are thrown out simply because they’re filed too late and become time-barred.
Suppose your grandmother always expressed her intention to leave you her home. However, upon seeing her will, you’re shocked to learn she left the home to a distant relative. Upon closer investigation, you find out this relative moved in during her final year, helping with her care and medical needs. You suspect this person may have used that access to unduly influence your grandmother’s decision, but you don’t have proof. Meanwhile, the time limit to contest a will is about to run out. What should you do?
It’s understandable to want your evidence lined up before filing a will contest petition — especially since the cost of contesting a will usually isn’t cheap, and the evidence needed to contest a will usually is substantial. But here’s what you need to know: If you wait until you have every piece of evidence, you risk missing the statute of limitations on contesting a will. And once that window closes, you may have no legal recourse.
In short, it may be better to file early and withdraw your petition later if needed than to file late and lose your right to file altogether.
While there are limited exceptions that can extend the time limit to contest a will, they are rare and often difficult to prove. That’s why it’s essential to work with an experienced will contest attorney as early as possible. Your attorney can advise you on the strength of your case and ensure critical deadlines are met.
Grieving the loss of a loved one is hard enough. You shouldn’t also have to worry about missing your chance to protect what’s rightfully yours. With proper legal support, you can honor your grief while safeguarding your inheritance.
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Can the Statute of Limitations on Contesting a Will Be Extended? — 3 Rare Exceptions
While rare, the time limit to contest a will can sometimes be extended. That said, even if one of the exceptions we outline below applies to your situation, it’s still in your best interest to file your will contest petition within the 120-day statute of limitations on contesting a will.
Keep in mind that the clock typically starts ticking once the will is admitted to probate, which usually happens at the initial probate hearing. Missing this 120-day window — unless a valid exception applies — could result in your case being dismissed, even if it has merit.
If you plan to file a will contest after the 120-day deadline has lapsed, it’s crucial you work with a skilled will contest attorney to ensure your case receives proper consideration.
Below, we cover exceptions that may extend the time limit to contest a will in California.
1. Contestant Is a Minor or Incompetent
According to Probate Code section 8270, a minor or a person who was incompetent and had no guardian or conservator at the time a will was admitted to probate may petition the court to revoke probate of the will at any time before the order for final distribution is entered.
In other words, the 120-day time limit to contest a will generally does not apply to minors or incompetent adults unless they had a guardian or conservator at the time the will was admitted to probate. That said, will contests still must be filed before the court authorizes the executor of the estate to make final distributions to beneficiaries.
It’s important to clarify that minors and incompetent individuals cannot legally contest a will on their own. They must have a fiduciary to act on their behalf — typically a guardian for a minor, or a conservator for an incompetent adult.
2. Contestant Wasn’t Timely Notified
The 120-day time limit to contest a will is only triggered if you’ve received timely notice of the estate administration from the executor. This notice must be served at least 15 days before the initial probate hearing, and it should clearly inform you of your right to contest the will.
If you have a financial interest in a decedent’s estate because you are named in the will or qualify as a direct heir under California’s intestate succession laws, the executor is legally obligated to serve you with this notice. If you weren’t properly notified, the statute of limitations on contesting a will may be extended, allowing you more time to file your petition.
That said, it’s still best practice to adhere to the 120-day deadline to contest a will whenever possible. Courts don’t always look favorably on late filings, and you don’t want to risk your case being time-barred over a technicality. Wills are public record, so if you suspect a will exists but haven’t received a copy, you can request one from the county clerk’s office or enlist the help of a probate attorney to obtain it.
If the executor has failed to notify you or provide access to the will, hold them accountable. Document all your requests for information and keep a record of any unanswered correspondence. If the executor has breached their fiduciary duties, this documentation can serve as valuable evidence should you need to pursue legal action against them.
3. Another Will Is Discovered
If a second will is discovered after the court has already admitted a different will to probate or determined that the decedent died intestate (i.e., without a will), Probate Code section 8226 may extend the deadline for contesting the will.
It’s important to understand that any assets already distributed under the first will cannot be undone. However, the court can use the newly discovered will to decide how to distribute any remaining assets and how its terms may override the provisions of the prior will.
If you wish to submit a second will, you must do so within 120 days of the first will’s admittance to probate or within 60 days of learning about the second will — whichever offers more time.
Once submitted, the usual 120-day deadline to contest the new will begins.
When Can You Contest a Will?
Now that you understand the 120-day time limit to contest a will, you may be wondering about when the right time is to file a will contest. Can you contest a will before probate begins? After probate has started? After distribution?
Below, we break down when a will can be contested, along with the key rules that apply depending on which stage of the probate process you’re in when you decide to file.
Can a Will Be Contested After Death?
A will can only be contested after its creator — known as the testator — dies. It is not legally possible to contest a will while the testator is still alive.
You might wonder whether there’s an exception if the testator loses mental capacity but is still living. The answer remains no. Although a will becomes irrevocable — which means it cannot be altered or voided — once the testator loses capacity, a will contest can only take place after death. In contrast, contesting a trust pre-death may be possible under certain circumstances, such as if the trust creator loses capacity.
This rule exists because contesting a will is a legal action that occurs during the probate process, and probate cannot begin until the testator has passed away. Until then, the will has no legal effect and cannot be challenged in court.
Can You Contest a Will Before Probate?
A will contest can typically be filed at any time prior to the will’s admission to 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 work 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 proactive step, you may be able to prevent the will from being admitted to probate before the court has had a chance to formally validate it.
Challenging a will before it’s admitted is often far more efficient — and significantly less costly — than trying to revoke a will after it has already been authenticated by the court.
Keep in mind that if the petition for probate has already been granted, you won’t have the option to file a formal objection. Rather, you will need to bring a petition to revoke probate of the will within 120 days of the will being admitted to probate.
Can You Contest a Will After Probate Is Granted?
A will can still be contested after probate has been granted — though this is less common and may carry additional complications. If you’re planning to contest a will post-probate, the 120-day time limit to contest a will still applies. Remember, the clock starts ticking the date the will is admitted to probate.
Ideally, a formal objection should be filed before the court grants the probate petition, as early action can reduce both legal expenses and administrative delays. However, contesting a will after probate is not prohibited — it’s just that doing so may involve more complex litigation, which could increase legal costs and diminish what the estate beneficiaries ultimately receive.
It’s also important to be aware of Probate Code section 8270(a), which bars certain late contests. If an interested party had notice of a will contest and a reasonable opportunity to join it, but failed to do so, they may be prohibited from bringing a separate contest after the will has already been admitted to probate.
How Long Does It Take to Contest a Will?
How long it takes to contest a will can vary significantly depending on the complexity of the case and the willingness of the parties to reach a settlement at mediation, where a neutral third party facilitates negotiations.
On the shorter end, a will contest can be resolved in as little as a few months to a year — particularly if the matter is straightforward, and the parties are open to early resolution at mediation.
On the longer end, a will contest can last several years — especially if the matter is complex, there are factual disputes or if the parties refuse to settle, causing the matter to proceed all the way to trial.
In many cases, even when a settlement is ultimately reached, it may not occur until late in the litigation process — by which time significant time and resources have already been invested. This delayed resolution can further extend the overall timeline of the contest and estate administration in general.
Takeaway: Why Is There a Strict Time Limit to Contest a Will?
There’s a reason California imposes a strict statute of limitations on contesting a will: to encourage the expedient resolution of estates, which helps ensure beneficiaries receive their inheritances on time.
Even without any litigation, probate can take close to a year or longer. Introducing a will contest can significantly extend this timeline.
Delays in probate come with real consequences. For one, executor and attorney fees may increase, particularly if the court deems the case complex enough to justify extraordinary fees under Probate Code section 10810. These added costs reduce the value of the estate — and ultimately, the amount each beneficiary receives.
Ongoing maintenance, repairs and depreciation of estate assets may also diminish the estate’s value over time. Meanwhile, family members who were financially dependent on the decedent may find themselves in a difficult position, especially if the court doesn’t grant a family allowance or probate homestead to provide temporary support
All things considered, it’s best to raise your objections before the will is admitted to probate. Waiting too long can severely limit your options.
Statute of Limitations on Contesting a Will FAQs
If you still are confused about the time limit to contest a will, check out the frequently asked questions below. For specific inquiries, we recommend reaching out to our team directly, who is standing by to assist.
Can a will be challenged after 20 years?
It is technically possible to challenge a will after 20 years, but, in most cases, a will can only be challenged years after a testator’s death if the document was never offered for probate in the first place, which is rare.
If you plan to challenge a will after 20 years, it’s critical you discuss your case with a knowledgeable probate attorney to ensure it would be worthwhile for you to do so.
How long is a will good for after death?
A will doesn’t technically expire after death; it remains valid indefinitely. That said, it won’t have legal effect unless it’s admitted to probate.
Once the probate process completes, and the estate is distributed according to the terms of the will, the will has served its purpose and is no longer active.
Is there a statute of limitations on estate claims?
Yes, there is a statute of limitations on estate claims; however, the timeline for filing can vary based on the type of claim you have.
As you already know, will contests usually must be filed within 120 days of the will being admitted to probate. Creditor claims, on the other hand, typically must be filed within four months of the executor or administrator being appointed or 60 days after the date notice of administration is mailed or personally delivered to the creditor — whichever is later.
In general, claims against a decedent must be brought within one year of the decedent’s passing. Conversely, claims against an executor must generally be brought within three from the date the executor misconduct was discovered (or reasonably should’ve been discovered).
To learn the deadline for a specific estate claim, consult a probate attorney.
How long can a trust be contested?
The statute of limitations on contesting a trust is similar to the one for contesting a will, but there are some key differences. Under Probate Code section 16061.8, the time limit to contest a trust is either 120 days from the date the trustee serves formal notice of trust administration or 60 days from the date you receive a copy of the trust document — whichever is later.
Unlike wills, trusts generally do not go through probate. Additionally, contesting a trust prior to death may be possible in cases where the settlor is alive but lacks the mental capacity to create, amend or revoke a trust.
Beneficiaries must remember that their rights under a revocable trust when the settlor is incapacitated may be limited if they delay bringing a claim. If you suspect a trust was created, changed or revoked when the settlor was incapacitated, it is crucial to take swift action. While a revocable trust can remain active during the settlor’s lifetime, failing to act promptly could result in you losing the right to challenge it later.
To protect your potential inheritance and avoid being time-barred, consult with a knowledgeable trust contest attorney as soon as you become aware of suspicious changes to the trust, even if the settlor is alive.
Still have questions about how long you’ve got to contest a will?
If you are unsure whether you are within the time limit to contest a will, Keystone Law Group’s experienced probate attorneys can provide guidance.
Our attorneys specialize in probate litigation and have years of experience handling complex will contest matters for clients across California. Call us today to find out how we can help.
