To contest a will, whether you live in California or outside the Golden State, simply means that you are legally checking to see if the will is valid. If you live outside of California you must file your contest in California. The legal relationship is between California law and the Estate. An outside state will have no authority over the will.
A will must enter probate within 18 months of the person’s passing. You can contest a will as soon as the person who made the will passes. If the will enters probate, you have a limited time – 120 days- to contest the will.
Once the court or the will enters into probate, you can contest it. What are the grounds for contesting a will? Well, there are several, and you should consult a probate lawyer to help you navigate the tricky and complex legal avenues needed to successfully contest a will.
Some conditions that are valid for contesting a will include:
Other conditions would also cause a will to become invalid, such as duress – the person was threatened or forced to make changes they did not want to make or did not understand.
No. To be a valid contender to contest a will you must be somehow related to the will. Beneficiaries, certain relatives, creditors, and people who have a legal interest in the will are the only people who can contest a will.
If you live in California or you are a qualified person and live outside of California you can learn more about contesting a will by contacting a trust litigation attorney, such as Charles D, Stark, who provides estate services throughout the greater Sonoma County area.