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Will Contest Deadline in California

In California, an interested person can petition to revoke the probate of a will within 120 days after it is admitted to probate, and a no-contest clause is enforced against a direct contest only if it was brought without probable cause.

Last checked . General information, not legal advice.

California at a glance

Deadline to contest
120 days
A person who was a minor or incompetent without a guardian or conservator can petition any time before the order for final distribution.
Clock starts
Admission of the will to probate
No-contest clauses enforced
Only against direct contests without probable cause

Sources

Last checked

The rules in California

How long do you have to contest a will in California?

Deadline to contest in California: 120 days. A person who was a minor or incompetent without a guardian or conservator can petition any time before the order for final distribution.

When does the deadline to contest a will start in California?

Clock starts in California: Admission of the will to probate.

Are no-contest clauses in wills enforceable in California?

Only against direct contests without probable cause. No-contest clauses enforced in California: only against direct contests without probable cause.

Where do the California will contest deadlines come from?

The rules above come from Cal. Prob. Code 8270 and Cal. Prob. Code 21311. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Deadlines for will contests are often short and strictly applied. Knowing exactly which event starts the clock in the state where the will is probated, such as the date of admission, the date notice was mailed, or the date of publication, matters as much as knowing the length of the period.

Only people with a legal stake in the estate can usually contest a will, such as heirs who would inherit without the will or beneficiaries named in an earlier will. A contest also needs a recognized legal ground. Being disappointed with the amount left to you is generally not enough on its own.

A no-contest clause (also called an in terrorem clause) says a beneficiary who challenges the will loses their gift. Whether such a clause is enforced, and whether there is an exception for challenges brought with probable cause or in good faith, depends on state law. Anyone weighing a challenge, and anyone drafting a will, can check the state statute and may want to talk to a probate attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.