What is the 120Day Rule for Will Contests

I had a client, Emily, call me in tears last month. Her mother had passed away, and Emily discovered a recently signed codicil to her mother’s will, completely disinheriting her. The codicil looked…different. The signature seemed shaky, and Emily was convinced it wasn’t her mother’s genuine intent. The problem? She’d waited 150 days to contact me. The estate was already in full swing, and I had to deliver the devastating news: she’d missed the deadline, and the new will was likely locked in, regardless of her suspicions. That cost her an inheritance she’d reasonably expected for years.

That scenario plays out far too often. California’s Probate Code dictates a very strict timeline for challenging a will—specifically, a 120-day window from the date the will is admitted to probate. Once the will is admitted to probate, interested parties have a strict 120-day window to file a petition to revoke probate. If you miss this deadline, the will is generally locked in stone, even if it was forged or signed under duress.

Why is the Deadline So Short?

The rationale behind the 120-day rule is to provide certainty and stability to estate administration. Prolonged contests can tie up assets, delay distribution to beneficiaries, and significantly increase administrative costs. Think of it like a contract dispute—eventually, the courts want to finalize things. The law prioritizes efficient closure.

Who is an “Interested Person”?

• Beneficiaries Named in Prior Wills: If you were set to inherit in a previous version of the will, you have standing to contest the current version.
• Heirs at Law: Even if you weren’t mentioned in any will, if you would have inherited through intestate succession (California’s default rules if no will exists), you likely have the right to challenge.
• Creditors: Those with valid claims against the estate can sometimes challenge the will, particularly if they suspect fraudulent transfers.

What Can You Contest?

This 120-day period applies to a wide range of challenges. This includes allegations of forgery, undue influence, lack of testamentary capacity, and fraud. Proving a signature is fake often requires a forensic handwriting expert, whereas proving fraud in the inducement requires evidence that the testator relied on a lie (e.g., ‘your son is stealing from you’) to change their estate plan. It’s crucial to gather evidence quickly if you suspect wrongdoing.

What Happens if You Miss the Deadline?

Generally, you’re out of luck. The court will likely dismiss any petition filed after the 120-day mark. However, there are very limited exceptions, such as discovering new evidence that wasn’t reasonably available earlier. Don’t rely on an exception without consulting an attorney. Even then, you’ll need a compelling case to convince a judge to reopen the estate. It’s a steep hill to climb.

As an estate planning attorney and CPA with over 35 years of experience, I’ve seen firsthand the heartache caused by missed deadlines. My CPA background gives me a unique perspective – I understand the implications of step-up in basis, capital gains taxes, and proper asset valuation, all of which can be significantly impacted by a will contest. Don’t let a procedural error rob you of your rightful inheritance. If you have any concerns about a will, act immediately.

What causes California probate cases to spiral into delay, disputes, and extra cost?

Success in probate court depends less on the size of the estate and more on the accuracy of the petition and the behavior of the fiduciary. Whether the issue is a forgotten asset, a contested creditor claim, or a disagreement among siblings, understanding the procedural triggers for court intervention is the best defense against prolonged administration.

To manage the estate’s value, separate property types by learning what counts as a probate asset, confirm exclusions through non-probate assets, and support valuation steps with inventory and appraisal to reduce disagreements about what is in the estate.

Ultimately, the difference between a routine distribution and a protracted legal battle often comes down to preparation. By anticipating the demands of the Probate Code and addressing potential friction points with beneficiaries and creditors upfront, fiduciaries can navigate the system with greater confidence and lower liability.

Verified Authority on California Will Contests

• The 120-Day Statute of Limitations: California Probate Code § 8270
  Time is the enemy in a will contest. Under Section 8270, an interested person may petition the court to revoke the probate of a will, but this petition MUST be filed within 120 days after the will is admitted. Missing this deadline is usually fatal to the case.
• Mental Competency Standard: California Probate Code § 6100.5 (Unsound Mind)
  This statute defines exactly what “mental incompetency” means in probate. It is not just general forgetfulness; the contestant must prove the deceased did not understand the nature of the testamentary act, could not recollect their property, or was suffering from a specific hallucination or delusion that dictated the will’s terms.
• Presumption of Undue Influence (Caregivers): California Probate Code § 21380
  To protect vulnerable seniors, California law automatically presumes undue influence if a will leaves assets to a paid care custodian or the lawyer who drafted the instrument. This shifts the heavy burden of proof onto the accused to prove their innocence.
• No-Contest Clause Enforceability: California Probate Code § 21311
  Many wills contain threats to disinherit anyone who challenges them. This statute limits the power of those clauses. A beneficiary cannot be penalized for a contest if the court finds they had “probable cause” to file the lawsuit.
• Standing to Contest: California Probate Code § 48 (Interested Person)
  Not everyone can sue. To contest a will, you must qualify as an “interested person”—typically an heir who would inherit under intestate succession (if there were no will) or a beneficiary named in a prior valid will.
• Financial Elder Abuse Remedies: California Probate Code § 859 (Double Damages)
  Will contests often overlap with elder abuse claims. If the court finds that a person used undue influence, fraud, or bad faith to take assets (or change a will) to the detriment of the estate, they can be liable for twice the value of the property taken, plus attorney fees.