San Diego Probate Litigation Attorney: Contested Wills & Estate Disputes

Key Points:

Probate litigation involves legal challenges related to wills, executors, heirs, and estate distributions.
Common claims include undue influence, lack of capacity, fraud, and fiduciary misconduct.
California law gives beneficiaries, heirs, and disinherited relatives the right to contest estate actions.
A San Diego probate litigation attorney can file or defend claims in court to protect rightful inheritances.

In California, grief and estate conflict often arrive at the same time. When someone passes away, it’s not uncommon for the surviving family to discover unexpected changes to a will, missing assets, or an executor who’s refusing to provide information. These aren’t just emotional red flags; they can lead directly into probate litigation.

When things break down, an experienced San Diego probate litigation law firm steps in to enforce legal rights, contest questionable actions, and bring clarity to complex estate situations.

Probate Litigation In California: What It Is & When It Happens

Probate litigation refers to formal legal disputes arising during the administration of a decedent’s estate. Unlike routine probate, which involves validating a will, appointing an executor, and distributing assets, litigation occurs when someone challenges part of the process or believes the estate is being mismanaged or manipulated.

These disputes usually involve a contested will, a conflict between beneficiaries, or allegations of fiduciary misconduct. Probate litigation often centers around key moments: a will signed shortly before death, a disinherited child discovering they’ve been cut out, or an executor who isn’t acting in the estate’s best interests.

It’s also common in estates involving second marriages, stepchildren, or caregiving arrangements, where competing expectations about inheritance can escalate quickly. In some cases, the will is never found or appears to contradict prior estate planning documents, triggering confusion and legal uncertainty.

Probate litigation becomes necessary when parties can’t agree on whether the will is valid, who should serve as executor, or how assets should be distributed. In California, these issues are decided by a probate judge through petitions, objections, evidence, and hearings, sometimes involving witnesses, medical records, and financial documents.

Up next, we’ll look at the most common probate litigation scenarios and how they unfold in real California cases.

Common Probate Litigation Scenarios In San Diego

Probate litigation is rarely about one simple issue. Most cases stem from a combination of grief, broken expectations, and money in motion. What starts as confusion about a will or a delay in distribution often becomes something more serious once legal rights are asserted, or ignored.
Here are some of the most common situations that lead to probate litigation in San Diego:

Scenario	Legal Conflict
Will changed just before death	Raises claims of undue influence or lack of mental capacity
Spouse or child omitted from will	May trigger legal action under California’s omitted heir statutes
Executor favoring certain beneficiaries	Can result in a petition for removal and a surcharge for breach of fiduciary duty
Assets missing or misallocated	Suggests potential fraud, conversion, or financial misconduct
Family disagreements over property	Often requires court intervention to interpret or enforce will provisions

Each of these situations requires careful legal evaluation. For example, if a will is changed significantly in the months before death, a court may examine whether someone exerted improper influence or whether the person even understood what they were signing. In the next section, we’ll break down who has the legal right to bring a claim, or defend one, when these issues come up.

Who Can Challenge A Will Or Executor In California?

Not everyone can initiate a probate lawsuit. California law limits probate litigation to individuals or entities with a legal interest in the estate. This is called “standing.” If you have standing, you have the right to contest the will, object to the executor, or bring other claims related to the administration of the estate.

Heirs & Beneficiaries

If you’re named in the will, or would inherit under California’s intestate succession laws if the will were invalid, you generally have standing. That includes:

Disinherited Or Omitted Family Members

Spouses and children who are left out of a will may have grounds to file claims, especially if:

Named Executors Or Alternate Executors

Executors themselves may need legal representation, either to defend against accusations or to seek clarification from the court. Co-executors sometimes fall into dispute, and alternate executors may step forward if the appointed person is unable or unwilling to serve.

Creditors & Other Interested Parties

In some cases, individuals or entities owed money by the decedent, such as creditors or business partners, may have the right to file probate petitions or contest certain actions that affect their recovery.

To bring a case in probate court, you must show a concrete interest in how the estate is managed or distributed. Without standing, your petition will be dismissed, even if your concerns are legitimate.

Legal Grounds For Challenging A Will Or Executor

California law outlines specific reasons a person can challenge a will, oppose an executor’s actions, or seek court intervention in the estate process. These are not just personal grievances; they’re recognized claims supported by statute and case law.

Undue Influence

One of the most common grounds in probate litigation is undue influence. This occurs when a person exerts pressure or control over the decedent, often an elderly or dependent person, to manipulate their estate plan. Courts evaluate whether the will reflects the decedent’s free will or someone else’s agenda.

Lack Of Testamentary Capacity

A will is only valid if the person signing it understood the nature of their property, the people affected by the document, and the legal effect of the will itself. If the decedent suffered from dementia, cognitive decline, or serious mental illness at the time of signing, the will may be invalid due to lack of capacity.

Fraud Or Forgery

Some probate challenges are rooted in outright fraud, such as forged signatures, false promises made to the decedent, or fake documents introduced after death. If someone tricked or deceived the decedent into signing a document (or never signed it at all), a court can invalidate the entire will.

Improper Execution

Wills must meet specific requirements under California Probate Code § 6110. A will must generally be in writing, signed by the testator, and witnessed by two individuals who were present at the same time. Failure to meet these formalities can invalidate the document.

Executor Misconduct

Even when the will is valid, litigation often targets the executor. If the executor fails to perform their legal duties by delaying, mismanaging, favoring certain heirs, or hiding assets, they may be removed by the court. In serious cases, they may also face a surcharge petition, which seeks reimbursement for losses to the estate.

Next, we’ll break down the probate litigation process in California, from the initial filings to the final judgment.

The Probate Litigation Process In California

Once a dispute enters the legal system, probate litigation follows a distinct process under California law. Unlike general civil litigation, probate operates in a specialized division of the Superior Court with its own rules, hearing formats, and procedural quirks.

Here’s how the typical probate litigation timeline unfolds:

1. Preliminary Review of Estate Documents. Before any action is filed, a thorough review of the will, prior versions (if available), and supporting documentation is essential.

2. Filing a Petition or Objection. The case begins when a party files a petition to contest the will, remove the executor, or compel action. In response, other parties may file objections or counter-petitions.

3. Formal Notice to Interested Parties. California law requires all interested parties, such as heirs, beneficiaries, and co-fiduciaries, to receive notice of the proceedings.

4. Responses, Preliminary Motions & Case Management. Once objections are raised, the court may hold a case management conference to set deadlines and assess the case’s complexity. Parties may also bring preliminary motions, for example, to strike portions of a petition, compel information, or seek early dismissal of weak claims.

5. Discovery and Financial Review. Like any civil case, probate litigation involves discovery, the formal exchange of information. This stage helps both sides evaluate the strength of their positions and often triggers settlement talks.

6. Mediation or Mandatory Settlement Conference. Many California courts require the parties to engage in probate mediation or attend a mandatory settlement conference.

7. Evidentiary Hearing or Trial. If settlement fails, the case proceeds to a bench trial, a formal hearing before a probate judge. Parties present evidence, call witnesses, and submit legal briefs. There is no jury in probate trials.

8. Ruling, Order, or Appeal. The judge issues a decision, which may include: voiding the will, removing the executor, awarding costs or surcharges, or reordering distributions.

Mediation, Settlement, Or Trial In Will Disputes

When a will is contested or an executor is challenged, not every case has to end in a courtroom battle. California probate courts, and many families recognize that resolving estate disputes early can preserve relationships, save time, and protect assets from being drained by legal fees.

Still, some matters require trial. Here’s how resolution generally works in probate litigation.

Mediation: When It Works, & Why It’s Encouraged

Mediation is a structured negotiation process overseen by a neutral third party, often a retired judge or probate attorney. San Diego courts often order mediation for contested probate cases, especially when the dispute centers on distribution amounts, perceived fairness, or family tension, not just legal technicalities.

Settlement Conferences: Court-Sponsored Negotiation

If private mediation isn’t pursued, the court may schedule a Mandatory Settlement Conference (MSC). These are held at the courthouse, involve both parties and attorneys, and are supervised by a judge or experienced probate mediator. Settlements reached here often become enforceable court orders.

Probate Trial: When Litigation Is Unavoidable

If mediation fails or if one side refuses to negotiate, the matter proceeds to trial. In probate court, trials are held without a jury. A single judge hears the evidence, reviews documents, and rules based on credibility, legal standards, and equity.
At trial’s end, the judge may validate or reject the will, remove the executor, order damages, or issue specific instructions about how the estate should proceed.

In short, mediation offers control. Trial carries risk, but may be necessary when compromise isn’t possible or when misconduct needs to be exposed.

Next, we’ll break down exactly what a probate litigation attorney does to support your case from start to finish.

What A California Probate Litigation Attorney Actually Does

A San Diego probate litigation attorney manages the legal, procedural, and strategic burdens of an estate dispute so you don’t have to. Their role evolves as your case progresses, but their focus remains the same: protect your rights, preserve the estate, and resolve conflict within the bounds of California law.

Case Assessment & Legal Strategy

Your attorney begins by reviewing the facts: analyzing the will or codicil, reviewing prior versions if available, examining accountings, medical records, and communication history. They identify whether there are legal grounds to challenge the will or the executor’s conduct and determine if you have standing to proceed.

Filing & Responding To Petitions

If you decide to move ahead, your attorney handles the drafting and filing of formal probate petitions, whether to contest the will, request removal of an executor, or object to distributions. If someone else initiates litigation, your attorney will respond on your behalf, ensuring that every deadline is met and every procedural step is followed correctly.

Emergency Relief & Court Hearings

When timing is critical, your attorney can request emergency court orders, such as freezing estate assets or preventing a rushed property sale. They prepare supporting declarations, present arguments in court, and manage hearing logistics.

Mediation & Trial Preparation

If the court orders or you opt for mediation, your attorney prepares a strong factual and legal position, backed by documents, timelines, and witness insights. They attend mediation sessions, negotiate settlement terms, and protect your leverage.

Post-Ruling Implementation

After a court ruling, your attorney ensures that the outcome is enforced. They also advise on final administration steps, ensuring the estate is closed in compliance with the court’s orders.

A skilled probate litigation attorney isn’t just there for courtroom fights; they’re a long-term advocate who knows when to press, when to pause, and how to protect your place in a fragile legal and family system.

Speak with San Diego Civil Litigation Lawyers today to assess your case, respond to a will dispute, or take immediate legal action to protect your rights in a California estate. Your consultation is free, and your timing could shape the outcome.