Will Contest: Definition and How It Works in California

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

A will contest is a court challenge to a will’s validity, usually claiming the testator lacked capacity, was subject to undue influence or fraud, or that the will wasn’t signed and witnessed properly. California gives a challenger two different paths, depending on timing.

How it works in California

See how a will contest differs from a trust contest in California for the fuller picture. Before a will is admitted to probate, a challenger raises an objection under Prob. Code, § 8250, which requires the contestant to “file with the court an objection to probate of the will.” The court then resolves that objection before deciding whether to admit the will at all.

Once a will has already been admitted to probate, the challenge changes form. Prob. Code, § 8270(a) lets “any interested person” petition to revoke the probate of the will, but only “within 120 days after a will is admitted to probate.” Miss that window and the will’s admission generally stands.

Either way, the grounds are the same kinds of claims: the testator lacked testamentary capacity, someone exerted undue influence over the testator, the will was procured by fraud, or the signing didn’t meet the statutory formalities.

Why it matters

Which path applies depends entirely on timing, and the deadlines don’t bend. For example, a disinherited child who learns about a will only after it’s already been admitted to probate generally has to act within 120 days of that admission under section 8270, not whenever they happen to find out about it.

Common mistakes

Waiting to gather more evidence before filing and missing the 120-day deadline under section 8270. Assuming a will contest and a no-contest clause work the same way; a no-contest clause can penalize a beneficiary for contesting, but it doesn’t eliminate the right to raise a genuine objection. Confusing an objection before admission with a petition to revoke after admission; they’re different procedures with different timing.

Related terms

• Trust Contest: a trust contest raises similar grounds against a trust instead of a will.
• No-Contest Clause: a no-contest clause can penalize a beneficiary who brings certain will contests without probable cause.
• Undue Influence: undue influence is one of the most common grounds for a will contest.

Part of the California estate planning glossary. For the full treatment, see Trust Contest vs. Will Contest: California Difference.