How do I contest a will?

Contesting a will is a legal process that can be used when a person does not agree with the specifics of a will, or feels that the will is invalid. In California, the process for contesting a will is outlined in the Probate Code. The first step in contesting a will is to file a petition with the California probate court. The petition must include specific facts as to why the will is invalid. This can include things such as lack of testamentary capacity, undue influence, fraud, or forgery. The petitioner must have some evidence to back up their claims. The next step is for the court to appoint a representative for the deceased, known as the personal representative. The representative will review the will and any evidence of the contest. This process typically involves the personal representative speaking with witnesses and gathering additional information. The court will then schedule a hearing to determine the validity of the will. During the hearing, both parties can submit evidence and arguments. The court will consider all of this evidence and make a decision as to the validity of the will. If the petition is successful, the will may be declared invalid. If the court decides that the will is valid, the will may be allowed to go forward as is. Contesting a will can be a complicated and time consuming process. It is best to consult with an experienced attorney for assistance. An attorney can help to ensure that the process is completed correctly and that the rights of all involved parties are protected.

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How do I contest a will?

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