What are the applicable statutes of limitations for contesting a will?
In California, contesting a will is governed by the Probate Code. When deciding whether to contest a will, it is important to understand the applicable statutes of limitations. Generally speaking, a challenge to a will must be filed within 120 days after the will is admitted to probate. If the challenge is not brought within this time period, the will may be revoked by the court. The statutes of limitations also vary depending on the circumstances surrounding the will. For example, if the will was signed in another state, the challenge must be filed within 60 days of the will being admitted to probate in California. On the other hand, if the will was signed in California, the challenge must be filed within 120 days of the will being admitted to probate. In addition, the applicable statute of limitations for contesting a will may be extended in certain cases. For example, if the person who signed the will was under a disability when the will was signed, the challenge must be filed within four years after the disability ends. The statute of limitations may also be extended if the challenger can show that he or she had reasonable cause to not bring the challenge within the normal period of limitation. When considering whether to challenge a will, it is important to be aware of the applicable statutes of limitations and other relevant facts. Consulting with an experienced attorney can ensure that all deadlines are met, and that you are fully informed of your legal rights and remedies.
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