Legal Question in Wills and Trusts in California

Challenging a will

In California how long do I have to contest a will? How

quickly must I fill with a court here.?The executor is not

following the terms of my aunts will.


Asked on 6/03/04, 1:17 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Challenging a will

It doesn't sound like you want to contest the will, but that it is your belief that the executor is not following the terms of the will.

If that is the case, you can file a petition to have that person removed as executor and replaced by someone else, such as yourself.

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Answered on 6/03/04, 6:12 pm
Scott Linden Scott H. Linden, Esq.

Re: Challenging a will

It depends on what you are contesting in the will. Generally, you have the time during probate to file your contest.

We specialize in Trusts and Estates, if you feel you need legal assistance, please do not hesitate to contact me or anyone else at our firm at (626) 578-0708 or online at www.No-Probate.com

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Answered on 6/03/04, 2:40 pm
Scott Schomer Schomer Law Group

Re: Challenging a will

Contests should be filed before the will is admitted to probate. Otherwise, you generally have 120 days after admission to contest it. In certain circumstances, you have as long as one year, but there has to be a very good reason why you missed the first deadline. Please note, however, if you are objecting to the way the estate is being adminstered, you can file those objections anytime before the final accounting is approved.

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Answered on 6/03/04, 3:16 pm


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