When Family and Finances Collide: Who Can Legally Contest a Will in California

Every now and then, a conversation sticks with me. Recently, someone shared that they were in the middle of contesting a family member’s will, and it sent me down quite a rabbit hole. When someone passes away and leaves a whole pie to divide, that is often where I see the most dissension among families.

Probate and trust sales are emotional enough, but when relatives begin questioning whether a will is valid or fair, the situation can take on a whole new layer of complexity. It reminded me why I created [ProbateRealEstateLA.com](https://probaterealestatela.com) in the first place — to bring some clarity to what really happens when real estate and probate law overlap.

If you have ever wondered who can contest a will, and who cannot, here is what I learned, in plain English.

Only certain people have the right to challenge a will

In California, not everyone can walk into court and object. The law limits that right to an “interested person.” That usually means someone named as a beneficiary in the current or a prior will, or someone who would have inherited if there had been no will at all, known as an intestate heir.

If you were included in an earlier version of the will but written out of the most recent one, or you are a family member who would normally inherit under California’s intestate succession laws, you may have legal standing to contest it.

It is not about whether you feel something was unfair. What matters is whether you have a direct financial interest in how the estate is distributed.

Standing alone is not enough

Even if you have standing, you still need a valid legal reason to challenge the will. California recognizes only a few, and they can be difficult to prove.

A will can be challenged if:

* It was not signed or witnessed properly.

* The person who made it lacked mental capacity at the time.

* Someone used undue influence, meaning the person was pressured or manipulated into signing.

* The will was fraudulent or forged.

Being unhappy with what you received is not grounds for a contest. The court is looking for proof that the will does not reflect the true intent of the person who passed away.

Timing and patience both matter

California law gives you a limited amount of time to act. Generally, you have 120 days from the date you receive notice that the will has been admitted to probate to file your objection. If that window passes, your chance to contest may be lost.

Even when you do act in time, the process can take months or even years and often comes at a high emotional and financial cost. It is no surprise that many of these disputes settle before ever reaching trial.

What about no contest clauses?

Many wills include a clause meant to discourage challenges by threatening to disinherit anyone who objects. In California, these “no contest” clauses are only enforced when the court decides a challenge was made without probable cause. If there is legitimate evidence of undue influence or fraud, the court will not automatically penalize someone for raising a concern.

The takeaway:

If you are wondering whether you can contest a will, start by asking yourself three questions:

1. Are you legally considered an interested person

2. Do you have valid grounds

3. Have you acted within the legal timeframe

If all three are true, you may have a legitimate case. If not, it may be better to seek closure or get professional guidance before moving forward.

These situations can be emotional and complicated, especially when real property is involved. If you or a client are dealing with a probate or trust sale and need help understanding the real estate side, visit [ProbateRealEstateLA.com](https://probaterealestatela.com) or reach out to me directly. I am always happy to help make sense of the process and protect your interests along the way.