Key Notes:
If you suspect a will was forged, manipulated, or improperly signed, California probate law gives you the right to challenge it, but you must act quickly. Valid grounds to contest include lack of witnesses, undue influence, fraud, or lack of mental capacity at the time of signing. The process involves filing formal objections, gathering evidence through discovery, and potentially going to trial if no settlement is reached.
When a loved one passes away, the last thing you expect is to face a legal battle over a will that seems suspicious or outright fraudulent. But in California probate court, these situations are not uncommon, and when a will appears to have been forged, altered, or signed improperly, the law offers a process to challenge it.
If you suspect someone is using a falsified will to claim an unfair share of a family estate, or to cut out rightful heirs entirely, you are not powerless. California law protects heirs and beneficiaries from improperly executed estate plans. The key is acting quickly and following the right procedures to contest the document in probate court.
Can You Contest A Will In California Probate Court?
Yes, and California law is clear: not only can you contest a will, but courts are required to examine serious claims when the document fails to meet statutory requirements. If you’re a child, spouse, grandchild, or other interested party, you may have standing to challenge the will, especially if you’re named in a prior version or would inherit under intestacy (no will).
Who Can File A Will Contest?
You have legal standing to file a will contest if you are:
- A family member who would inherit under intestate succession, such as a child or sibling.
- A named beneficiary in a previous will.
- A fiduciary, such as a POA holder, acting on a disabled parent’s behalf.
Under Probate Code § 8004, you typically have 120 days from the date the court admits the will to probate to file your objection. If you wait too long, the court may refuse to hear your challenge, even if the will is deeply flawed.
What Makes A Will Legally Contestable?
There are several valid grounds to contest a will in California:
| Legal Grounds | Common Warning Signs |
| Lack of Proper Execution | No witnesses, missing testator’s signature |
| Undue Influence | Sudden, one-sided changes benefiting one heir |
| Lack of Mental Capacity | Will signed while the testator was incapacitated |
| Fraud or Forgery | Signatures don’t match, document appears typed by beneficiary |
| Revocation of Will | A newer, valid will exists and revokes the one filed |
If the only reason the will came to light is that you filed the probate petition first, that fact alone raises red flags. The court will take that timing into account when evaluating intent and authenticity.
What Makes A Will Invalid In California?
California probate courts don’t require perfection, but they do require compliance with key formalities. If a will is typed by one heir, unsigned, or lacks proper witnesses, it’s not legally enforceable. These aren’t minor defects; they go to the heart of whether the document reflects the decedent’s true wishes.
Basic Legal Requirements For A Valid Will
Under Probate Code § 6110, a valid will in California must:
- Be in writing, typed or handwritten.
- Be signed by the testator, the person making the will.
- Be witnessed by two adults, present at the same time, who understand they are witnessing a will.
If even one of those elements is missing, the court may refuse to honor the document.
Common Red Flags That Trigger Court Scrutiny
Some signs that the will may be invalid include:
- The will was only submitted after probate proceedings were initiated.
- The document lacks two witness signatures or includes only the person who benefits.
- The content of the will is suspiciously favorable to one party.
- The testator had cognitive decline or was under caregiver control at the time of signing.
Keep in mind: the burden of proof shifts depending on the claim. If you’re alleging fraud or undue influence, you’ll need to present compelling evidence, but if the will on its face fails execution requirements, the court can toss it without needing further proof.
What Happens During A Will Contest?
Once a will contest is filed, the probate case shifts from a routine administration to a litigated dispute. The court is no longer just overseeing paperwork; it’s deciding whether the decedent’s will should be honored at all. Expect deadlines, hearings, and court instructions. This phase is more formal, and the burden is on you to prove why the will should be invalidated.
Key phases of a will contest include:
1. Pleadings & Court Orders
You or your former attorney may have already filed a “Will Contest” petition. After that, the court typically issues instructions on what to clear before the next hearing; this may include correcting pleadings, serving other parties, or preparing for mediation.
2. Discovery (Highly Recommended)
Even if you’re self-represented (pro se), you’re allowed to conduct discovery. This is your opportunity to request:
- Subpoenas for witnesses who supposedly signed the will.
- Depositions of the person who drafted or found the will
- Requests for production, like emails, medical records, and earlier versions of the will.
- Expert reports, such as handwriting or signature analysis.
While not required in every case, discovery is how you develop evidence. Without it, the court may have no basis to disbelieve the person submitting the will.
3. Pre-Trial Conferences Or Settlement Talks
Many judges will push for early settlement discussions, especially if the estate is modest or family dynamics are volatile. Mediation can be helpful, but only if you’re equipped with facts from discovery.
4. Trial
If no settlement is reached, the case goes to trial. The judge, not a jury, will decide whether the will stands. If the court finds it invalid, the estate will be distributed based on an earlier valid will, or under intestate succession rules.
Do You Need Discovery In A California Will Contest?
Discovery isn’t just for lawyers; it’s your lifeline when challenging a questionable will. Through depositions, subpoenas, and document requests, you can expose contradictions, uncover coercion, or confirm the testator’s incapacity.
In your case, if the will suddenly appeared only after you filed probate, discovery could reveal when it was truly created and who was involved. Even a single email or bank record can shift the court’s view. While not required by law, failing to do discovery can leave you arguing without evidence, and in probate litigation, facts win cases, not suspicions.
How California Probate Courts Decide If A Will Is Valid
California probate judges don’t simply accept a will at face value, especially if it’s being challenged. They evaluate both the technical execution and the circumstances surrounding its creation. A will that’s missing signatures, submitted late, or highly favorable to one heir will draw close judicial scrutiny.
The judge looks for:
- Execution Formalities: Were two disinterested witnesses present when the will was signed?
- Witness Credibility: Are the people who signed the will trustworthy? Are they even reachable?
- Timeline Inconsistencies: Was the will created when the decedent was ill, isolated, or under pressure?
- Conflicts of Interest: Did the beneficiary type the will or guide its creation?
Even if the will appears facially valid, the court may invalidate part or all of it under Probate Code § 6113 if it was procured through fraud or undue influence. If no valid will remains, the estate is distributed according to California’s intestate succession laws, usually to children, grandchildren, or siblings.
Key Mistakes To Avoid When Representing Yourself In A Will Contest
Taking on a probate dispute without an attorney is daunting, but not impossible. If you’re stepping into court pro se, preparation and precision matter. Even one misstep can derail your challenge or cause the court to overlook a flawed will. Here are the most common mistakes we see, and how to avoid them.
Missing Court Deadlines
Failing to file documents or respond by the court’s deadline is one of the quickest ways to lose your footing. Mark your calendar and confirm timeframes with the court clerk. Probate is deadline-driven.
Skipping Discovery
Even though it takes effort, skipping discovery leaves you with no evidence. If the will looks suspicious, you need documents, witness testimony, or records to prove it.
Letting Emotions Overrun Strategy
Judges look for facts, not frustration. Stay focused. Avoid personal attacks or emotional pleas in your filings or court statements.
Ignoring Procedural Rules
Probate has its own set of procedural requirements. For example, objections must be served on all parties and often require judicial council forms. Filing a strong motion, but doing it the wrong way, can sink your case.
Failing To Build The Record
Everything you want the judge to consider must be submitted as evidence. If you don’t submit that forged signature analysis, for instance, the court won’t consider it, even if it’s compelling.
The bottom line is, you don’t need to be a lawyer, but you do need to think like one. Stay organized, meet deadlines, and use the court’s tools effectively.
What To Do When A Questionable Will Appears
A will that surfaces only after someone else files probate, that benefits one person at the expense of others, and that lacks proper signatures is worth challenging. California probate law gives you the right to contest such a document, but it demands that you follow specific procedures and meet strict deadlines. You’ve already stepped forward to protect your family’s interests. That takes courage.
At San Diego Civil Litigation Lawyers, we know how emotionally draining these battles can be. But we also know what it takes to push back when something isn’t right. If you believe a will was falsified, mishandled, or executed improperly, the court won’t act unless someone speaks up. We’re here if you need help doing just that.
