How does an intestate succession differ from a will contest?

Intestate succession and will contests are two distinct legal processes. The primary difference between them is that intestate succession occurs when an individual dies without a will and a will contest occurs after an individual dies with a valid will. In an intestate succession, the state’s laws of intestate succession dictates who will receive the deceased’s assets. In California, the intestate laws divide the deceased’s assets between a surviving spouse, children, or other relatives, with the surviving spouse typically receiving the largest share. In contrast, a will contest occurs when an individual challenges the validity of a will after the testator (person making the will) has died. The contestant may argue that the will is a forgery, that the testator was of unsound mind when the will was written, or that the will was procured by undue influence or other fraud. In California, the contestant must file a Petition to Probate Will in Contest within four months of the will being submitted to probate. In the end, a will contest is only one possible challenge to the deceased’s wishes, while intestate succession applies to individuals who die without a valid will. In either case, an estate plan can alleviate many of the potential challenges that could arise after a person passes away.

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How does an intestate succession differ from a will contest?

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