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California Contested Probate Attorneys

Will contests and disputed probate administrations for heirs and beneficiaries. The deadlines are short, so the time to act is now.

Schedule a Free Consultation (415) 275-1492

You read the will and it does not sound like the person you knew: a sibling who handled the accounts ends up with nearly everything, a new spouse or a late-arriving caregiver walks away with the estate, or the signing is technically valid but nothing around it adds up. Challenging a will like that is not turning against your loved one. When a document stops reflecting what they actually wanted, honoring them means making sure their wishes, and not someone else's pressure, decide what they leave behind.

That is what a contested probate is: a challenge raised inside the probate case to test whether the will truly speaks for the person who signed it. The grounds are specific and the deadline is short, so the sooner the document is reviewed, the more of your options stay open, in or out of court.

If the estate is moving normally and you simply need it administered, see probate administration. For trust-side disputes, see trust and estate litigation.

Think the will is wrong? The clock is already running.

A will contest is usually raised before the will is admitted, or within a narrow window after. Once that window closes, the right can be lost for good.

Speak with counsel before you sign a waiver, consent to a distribution, or wait to see how it plays out.

Grounds to contest a will

  • Lack of testamentary capacity: the person did not understand the nature of the will, their property, or who would inherit
  • Undue influence: someone in a position of trust pressured or manipulated the will-maker into a result that does not reflect their true wishes
  • Fraud or duress: the will was procured by deception or coercion
  • Improper execution: the will did not meet the signing and witnessing requirements of Probate Code section 6110
  • Revocation or a later will: a more recent valid document controls

Deadlines, standing, and proof

Only an interested person can contest, and the window is narrow: a contest is generally raised before the will is admitted or within 120 days of the order admitting it under Probate Code section 8270. The proponent of the will usually must prove proper execution, and the contestant carries the burden on capacity or undue influence, though a presumption can shift that burden when a person in a confidential relationship benefits. We assess the evidence, the deadline, and any no-contest clause before recommending a path.

Why Corcoran Smith Law Corp.

Will contests turn on evidence, deadlines, and the burden of proof, often against family members. The work is to build the record and protect your position before the window closes.

Corcoran Smith Law is a California firm with offices in Sacramento and San Francisco. We are veteran owned. The partner works the matter, and clients are not handed off to a junior associate after the first call.

We weigh the no-contest clause, the deadline, and the strength of the evidence before anything is filed, so you contest from a position of strength or know early when not to.

Free download

Know Your Rights as a California Beneficiary

When a trustee goes quiet, an accounting never comes, or a late amendment changes everything, the law still gives you specific rights and deadlines. Our plain-English guide explains what you are owed, the questions to ask, and the steps to take before you sign or accept anything.

Corcoran Smith Law Beneficiary Rights Guide

Get the free guide

A plain-English guide for California beneficiaries. Instant download, no obligation.

Frequently asked

Will contest questions

  • Who can contest a will in California?

    An interested person, typically an heir, beneficiary, or someone named in a prior will, has standing to contest. The exact standing analysis depends on how the contest would affect your share.

  • How long do I have to contest a will?

    Timing is critical. A contest can be raised before the will is admitted, or generally within 120 days after the order admitting the will to probate under Probate Code section 8270. Waiting can forfeit your rights, so it is best to get advice quickly.

  • Who has the burden of proof?

    The person offering the will generally must show it was properly executed. The contestant then carries the burden on grounds such as lack of capacity or undue influence. In some situations, a presumption of undue influence can shift that burden.

  • What is the risk of a no-contest clause?

    Many wills and trusts include a no-contest clause. California enforces them only in limited circumstances, and a contest brought with probable cause is often protected. We evaluate that risk before anything is filed.

Client reviews

What our clients say

4.9 · 21 Google reviews
  • Corcoran smith law corp is very helpful and professional. I needed To find a probate lawyer, after contacting a few different options they were the best choice. Everyone I spoke to was very professional, kind, and really took the time to listen to what I needed, as well as direct me to the best person for the job. They were very helpful in dealing with my case and prompt with getting back to me. I would Recommend this company to anyone who needs to hire a probate lawyer as I truly feel they care about people and understand the process.
    Jean Copus May 2026 · Google
  • Nick and Mark were amazing to work with! Nick is such a nice man, and he was extremely knowledgeable and professional. He was passionate about his work, honest and very kind and supportive during my journey in contesting a trust. He communicated his strategies every step of the way and the documents he wrote were a testament to his commitment in helping me. Every T was crossed and every I was dotted. We had a good outcome, but even if we hadn’t, I would have been 100% satisfied with the effort he put into our case. I highly recommend this firm based on their professionalism, knowledge, commitment, honesty, and communication.
    Kimberly Brink August 2025 · Google
  • Attorney Nick was Great!! Five Star Excellence in his expert counsel composing my custom living trust. Nick was such a pleasure to work with during this difficult and confusing process. He advised me of all the important considerations and processes best suited for my custom individual planning. All documents meticulously organized for clients’ easy reference and understanding. Keeping me informed every step of the way; always readily responsive for call back/email to questions. I highly recommend him to all living trust clients and/or other legal matters!! Thank you so much Nick
    Julie Jacobs June 2024 · Google
  • Had a terrific experience with Nic! Very knowledgeable, professional and personable. Even though he was not able to take our case, due to a heavy work load, he spent time with us and referred us to another attorney who is doing a great job. Can't say enough.
    Tom Tickenoff December 2025 · Google
  • I’m so happy with the experience I had working with Nick at Corcoran Law on my trust and will. He made the entire process clear, comfortable, and stress-free. Nick was professional, caring, and easy to work with, and I feel great knowing this important step is taken care of. Highly recommend!
    James Wilson August 2025 · Google
  • Thank you Nicholas Jacobs for your professionalism, attentiveness and commitment to helping us with some legal documentation. If you’re looking for a lawyer who’s articulate, knowledgeable and makes you feel comfortable, look no further! We’re so fortunate we had Nicholas help us navigate our needs every step of the way.
    Nagam Jabbar October 2024 · Google
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A free consultation is the simplest place to start. Tell us what happened, and we will help you understand the deadline and your options.

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