Litigation
How Long Do I Have to Contest a Will in California?
After a will is admitted to probate, California generally gives interested persons 120 days to contest it. Waiting to “see how administration goes” is how that window closes.
In California, an interested person generally has 120 days after a will is admitted to probate to contest it (Probate Code §8270). You can also object before admission, when the petition for probate is first set for hearing. This is not the same clock as a trust contest under §16061.8. If you received a Notice of Petition to Administer Estate, treat it as a deadline, not a courtesy.
Will-contest timing
- After admission
- Generally 120 days (Probate Code §8270)
- Before admission
- File objections to the petition for probate
- Trust contest
- Different statute: §16061.8
- Forum
- San Diego County Superior Court, probate department, for local estates
Will contests have become less common in coastal San Diego only because living trusts did the work wills used to do. When a will is still the main document — a holographic will, an unfunded estate, a pour-over that has to be probated because assets were left out of the trust — the deadline is short and easy to miss.
The 120 days after admission: Probate Code §8270
Once the court admits a will to probate, §8270 generally allows an interested person to contest it only within 120 days after that order. The contest is a petition stating the grounds (capacity, influence, fraud, execution). It is served on the personal representative and the other interested persons. If you are past 120 days and you had notice, the will is, for practical purposes, the will.
The better practice, if you already know the will is the problem, is to object to the petition for probate itself. The Notice of Petition to Administer Estate is the first warning. Families who treat that notice as junk mail are the families who later ask whether §8270 can be stretched. Usually it cannot.
Who is an interested person
Someone who would take if the will failed, or whose share is reduced by it. A completely unrelated bystander cannot contest. A child omitted from a later will, a prior beneficiary, and a person named in an earlier will typically can. Standing is litigated early. If you would take nothing even under intestacy, you may not have a contest to file; you may have a different claim, or none.
Grounds, briefly
- Testamentary capacity under §6100.5 (see lack of capacity).
- Undue influence, fraud, or duress (see undue influence).
- Revocation by a later will or by a physical act.
- Defective execution, including issues unique to holographic wills.
Do not confuse this with the trust clock
A pour-over will plus a living trust means two notices and two statutes. The probate notice does not stop the trust-contest deadline, and the trustee’s §16061.7 notice does not stop §8270. If both arrived in the same month, put both on a calendar the same day. Tresp Law, APC will tell you which petition actually moves the estate. Call (858) 248-2779 or request a consultation.
This article is general information about California law, not legal advice, and reading it does not create an attorney–client relationship. Trust and probate deadlines are strict and many rights are lost by missing one — for guidance on your own situation, contact Tresp Law, APC or call (858) 248-2779.
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Common questions
Frequently asked
What is the deadline to contest a will after it is admitted?
Probate Code §8270 generally requires the contest to be filed within 120 days after the will is admitted to probate. There are narrow exceptions, including for minors and persons who can show they were not given required notice.
Can I object before the will is admitted?
Yes. An interested person can file written objections to the petition for probate. That is often cleaner than waiting for the order and then filing a §8270 contest. If you have notice of the hearing, use it.
Does this deadline apply to a trust?
No. Trust contests are governed by Probate Code §16061.8, which is a different 120-day clock tied to the trustee’s statutory notice. Many estates have both documents. Read both notices.
What if I did not receive notice of the probate?
Lack of required notice can extend or reopen rights. It is fact-specific. Do not assume you have unlimited time; do assume you should bring the papers you do have to counsel immediately.
This page is general legal information, not legal advice, and does not create an attorney-client relationship. California trust and probate law is fact-specific and deadlines are unforgiving — please speak with a qualified attorney about your own circumstances.
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