Probate is a necessary process that’s done once a person dies, leaving a property. The custodian of will submits the original will to the probate clerk’s office within 30 days, and then the probate process starts. 

The court validates whether it’s a real will and genuinely reflects the deceased person’s wishes. Once the will is considered valid, the process of distributing the wealth starts. A common question that concerns everyone is, what if the probate court has an invalid or fake will? 

Can you challenge a will after probate in Northern California, or do you have to accept the court’s decision even if it’s based on the wrong will? Don’t worry; we’ll provide detailed answers to these questions below. Let’s dive in!

Can A Will Be Contested After Probate In California?

Yes, you can contest a will after the probate starts. According to the 2009 California Probate Code – Section 8270, you have up to 120 days after the will is admitted for the probate case to contest. You can submit a petition to the court to challenge the will.

However, keep in mind you must have solid evidence to build strong ground for your case. If you don’t have valid reasons that can show that the will is fake, you might not be able to contest it successfully.

What Happens After A Will Is Contested?

The outcome of a will contest case depends on the petition. For instance, if the petition involves two wills, the court will carefully review the case and determine which one is the most recent and the right one. 

In some cases, beneficiaries may claim that the person who passed away wrote the will when they weren’t mentally capable, making the will invalid. To support such a claim, the petitioner needs to provide evidence, like medical reports.

If the evidence is convincing, the court may consider the will invalid. When this happens, the court may decide there’s no valid will. In such situations, the case will follow according to succession laws in the USA, and the property will be divided among family members.

Who Can Challenge The Will In Probate?

Not everyone can challenge the will once the probate case begins. There are specific criteria determining who has the right to contest the will and who does not. Here’s a quick overview of the eligibility criteria.

• Legal Beneficiaries: In case there’s a will, any beneficiaries whose name is included in it can contest the will in court. 
• Blood Relatives: Immediate family members who believe the will is fake or if there’s no will left by the deceased person can also contest it.

4 Reasons To Challenge The Probate In Northern California

The reasons you mention in your petition to contest the will are crucial. You can’t challenge a will just because your name isn’t included as a beneficiary – you need solid reasons. Here are some valid reasons if you want to contest the will:

1. Multiple Wills

The most solid reason to challenge a will is when there are two different wills. In such situations, the court examines both wills and their content. The court then decides which is the correct will and should be followed. 

2. Fraud Or Forgery

Each will include the executor’s name; they’re individuals who have the responsibility to distribute the property as per will. Unfortunately, sometimes executors attempt fraud by using a fake or old will. You have a strong reason to contest the will if you suspect anything like this.

3. Lack of Mental Capacity

A will should be written when the person is mentally sound. If you discover the deceased person wrote the will when they were not mentally capable of making important decisions, you can contest it in court.

4. Violation of Rules 

Apart from the reasons mentioned, if the will doesn’t follow the rules – like lacking signatures of witnesses or proper procedures – it won’t be valid. As a beneficiary, if you notice anything like that, you have the right to contest the will.

Conclusion

In short, yes, you can contest a will after probate in Northern California. The time frame to contest a will once the probate process starts is 120 days. You can file a petition in the court stating the reasons that make the will invalid. 

Remember, the reasons must be strong, or you won’t be able to prove your claim. Furthermore, it’s important to note that only the beneficiaries and the family of the deceased person can contest the will. You can contact our probate attorney to find out more information.