When the Estate Plan Becomes a Battleground
Probate litigation is the contested branch of probate practice. It covers will contests, trust contests, petitions to remove and surcharge trustees or executors, beneficiary accounting demands, claims for breach of fiduciary duty, and financial elder abuse actions under California Welfare and Institutions Code section 15610.30. These cases are usually filed in the probate division of the Los Angeles Superior Court, and they often involve family members on opposing sides of the same dispute. We approach every case with two priorities: protect what the decedent actually intended, and resolve the matter without burning the family down when resolution is possible.
Once a Notice of Petition to Administer Estate is served, the clock starts. In most contested probate matters, you have 120 days to file your will contest. Miss the deadline and your right to challenge the document may be permanently lost. If you suspect a problem, call before the deadline runs.
Will Contests (5 Grounds)
We litigate the five recognized grounds: lack of testamentary capacity, undue influence, fraud, improper execution, and revocation. We also defend wills against challenges brought by other parties.
Trust Contests & Trustee Removal
Petitions under Probate Code 17200 to contest trust amendments, remove trustees who refuse to account, surcharge for losses caused by self-dealing, and compel proper administration.
Beneficiary Accountings & Demands
Trustees and executors owe a duty to account. When the numbers do not add up or the response is silence, we file the petition that forces a sworn accounting and judicial review.
Financial Elder Abuse Recovery
Statutory claims under Welfare and Institutions Code 15610.30 can recover the misappropriated property, double damages in cases of recklessness or malice, and attorney fees.
The Five Grounds to Contest a California Will
- Lack of testamentary capacity. The testator did not understand the nature of the act, the extent of their property, or the natural objects of their bounty when they signed.
- Undue influence. Another person exploited the testator's vulnerability to overcome their free will. California Probate Code 21380 creates a presumption of fraud or undue influence for transfers to caregivers and certain drafters.
- Fraud. The testator was deceived about the nature of the document, the identity of beneficiaries, or material facts that induced the disposition.
- Improper execution. The will was not signed in the presence of two competent witnesses present at the same time, or another statutory formality was missed.
- Revocation. The testator revoked the will by executing a later will, by physical act such as burning or tearing, or by operation of law.
The PC 21380 Caregiver Presumption
California Probate Code section 21380 creates a powerful presumption when a will or trust is challenged. Donative transfers to a care custodian who provided services to a dependent adult within the 90 days before or after the document was signed, transfers to the person who drafted the document, and transfers to certain related parties are presumed to be the product of fraud or undue influence. The burden shifts to the recipient to rebut the presumption by clear and convincing evidence. Combined with an independent attorney review certificate requirement, this is one of the most effective tools the California legislature has given families fighting last-minute deathbed amendments.
No-contest clauses still exist in California, but Probate Code section 21311 sharply limits their reach. A direct contest brought with probable cause does not trigger forfeiture. We evaluate the clause and the strength of the underlying claim before any contest is filed, so the risk is known on day one.
The Probate Litigation Process
Most contested matters resolve well before trial. Here is how a typical case moves.
Case Evaluation
We review the will or trust, prior versions, the drafting attorney's file if available, medical records, financial records, and the family timeline. We assess strength of grounds, value at stake, and whether the no-contest clause poses a real risk.
Petition or Objection Filed
We file the appropriate pleading: a will contest objection in the probate matter, a Probate Code 17200 petition in the trust matter, or an independent civil complaint for elder abuse. The clock for the opposing side to respond begins.
Discovery & Investigation
Deposition of the drafting attorney, witnesses, and the alleged influencer. Subpoenas for medical, banking, and care facility records. Expert review for capacity opinions. This is where most cases either settle or sharpen.
Mediation
The Los Angeles probate court strongly encourages mediation. We negotiate from the evidence we built in discovery. Many cases resolve here with a settlement that distributes assets in the proportions the family can live with.
Trial & Judgment
If mediation fails, we try the case to the probate judge. The court enters findings on each ground, invalidates the contested document if proven, orders restoration of misappropriated assets, and, in elder abuse matters, awards statutory damages and attorney fees.
Frequently Asked Questions
Common questions from California heirs and beneficiaries considering a will contest or trust dispute.
To contest a will in California, you must be an interested party. That means you would inherit if the contested will were invalidated, either under an earlier will, under a prior trust amendment, or under California's intestate succession rules. A child written out of a current will but named in a prior will, or in the absence of any valid will, has standing. We confirm this at the consultation.
A contested will or trust matter in Los Angeles typically runs 12 to 24 months from filing to resolution. Cases that settle in early mediation may close in 6 to 9 months. Cases that go to trial can run 24 to 36 months, particularly when there are out-of-state witnesses, complex financial accounting, or multiple amendments to litigate.
Probably not, if there is probable cause for the contest. Under Probate Code 21311, a direct contest brought with probable cause does not trigger forfeiture. Probable cause exists when, after reasonable inquiry, the facts known would cause a reasonable person to believe there is a reasonable likelihood the requested relief will be granted. We do not file a contest unless we are confident probable cause is in place.
Most contested matters are handled on an hourly basis with a retainer, but financial elder abuse and certain trust accounting cases may be eligible for contingency or hybrid arrangements because California law allows recovery of attorney fees from the opposing party or the estate when the case prevails. We discuss all fee structures openly in the first meeting.
Yes. Under Probate Code 15642, a court can remove a trustee for breach of trust, for failing to account, for hostility that impairs administration, for incapacity, or for other cause. Refusing to provide a beneficiary with the trust document, the accounting, or basic information about the assets is often the first sign that removal is appropriate. We file the petition and seek an interim trustee where the situation demands it.