If your loved one’s estate is in the probate phase and you wish to challenge the will or trust, you must take the proper steps to have a successful outcome. Understanding how to contest a will and trust in San Bernardino County can be complicated. In addition to familiarizing yourself with the necessary steps, it’s a good idea to work with an experienced estate planning and probate law attorney.
Understanding Will and Trust Laws in California
Wills and trusts are among the most important estate planning documents. Wills are where a person outlines how they wish their property to be handled after death, as well as who the beneficiaries are and who should be the guardian of any minor children, among other important matters. A trust is a legal tool that allows the assets placed within it to avoid probate and instead be directly transferred to the appropriate beneficiaries after the individual’s death.
However, wills and trusts are not always perfect. You may feel that your loved one’s will was created under the influence of a malicious third party or that the terms of the will are vague. You may disagree with other family members about how a trust is set up or how the deceased intended for it to be used. In situations where you are unsure or disagree with a will or trust, you can work with an estate lawyer to contest the document.
Steps to Contest a Will or Trust in San Bernardino County
The primary steps to contest a will or trust in San Bernardino County include:
- Verifying that you have legal standing: In order to contest a will or trust, you must be an “interested party,” meaning you stand to benefit financially if the contest is successful. Examples include disinherited heirs or a beneficiary of the estate.
- Identifying valid grounds: You must have sufficient reason to contest the document. You cannot contest a will or trust simply because you dislike its terms. Valid grounds for contest include the deceased having a lack of capacity, acting under duress or undue influence, or that the document is fraudulent in some way.
- Filing a petition in time: If the legal standing and grounds requirements are met, a formal petition challenging the estate must be filed within the strict deadline. Contests for wills and trusts generally must be submitted within 120 days.
The courthouse most likely to oversee estate planning cases in San Bernardino County, including will and trust contests, is the Superior Court of California, County of San Bernardino. The San Bernardino Justice Center is located at 247 West Third Street, San Bernardino, CA 92415. You should confirm any addresses or other important information with your estate planning attorney because details can vary depending on the circumstances.
When to Hire an Estate Planning Lawyer
You should hire an estate planning lawyer whenever you want to plan for your family’s future or protect your assets, or if you have concerns about current probate proceedings. Whether you want to build your own estate plan or you wish to address an issue you have with a loved one’s current estate administration, a skilled San Bernardino County estate planning attorney understands how to help you reach your goals.
In 2025, only 24 percent of Americans reported having a will, according to one survey. This is much lower than the 33 percent of respondents who said they had a will in 2022. Only thirteen percent of Americans said they had a living trust in the 2025 survey. It is highly recommended to create an estate plan if you wish to protect your assets.
When you are in need of a competent, skilled estate law professional for your own estate plan or to contest a will or trust, look no further than Gaudy Law. At Gaudy Law, we care about providing high-quality legal counsel and representation to our clients and their families. Our attorneys are dedicated to providing a positive experience and securing successful outcomes for our clients. We are ready to build a legal approach tailored to your unique situation and needs.
FAQs
How Much Does It Cost to Contest a Trust in California?
In California, the cost to contest a trust varies depending on whether the issue is resolved out of court or if it goes to trial, among other case factors. How long the case takes, the estate’s size and complexity, whether expert witnesses are required, and other details can also impact attorney fees, court costs, and other expenses.
Is It Easier to Contest a Will or a Trust in CA?
In the state of California, it is typically easier to contest a will compared to a trust. While the legal grounds and processes for contesting the estate documents are similar, trusts are sometimes more difficult to challenge for a few reasons. Trusts are often created over time while the deceased individual was alive, frequently with an attorney’s help, meaning claims of undue influence or lack of mental capacity are difficult to prove.
When Can You Contest a Will in California?
In California, you may be able to contest a will if the deadline hasn’t passed and you have valid legal grounds. Some instances where you may contest a will include when there is evidence that the deceased was under undue influence or duress, lacked the mental capacity to have created the will of sound mind, or did not execute the will properly. Other reasons include the will being forged, fraudulent, or superseded by a newer will.
Is It Worth Contesting a Trust or Will in California?
Yes, it can certainly be worth contesting a trust or will in California, depending on the strength of your claim and the evidence available. If you are successful in proving the will or trust is invalid, you can benefit greatly by protecting your loved one’s assets and your rights as an interested party. You should consult an experienced estate law professional about whether it may be worth contesting the will or trust in your unique case.
Talk With an Estate Lawyer About Your Situation
If you need help contesting a will or trust, you can entrust your case to the skilled legal team at Gaudy Law. Contact us today to schedule a consultation with a capable and knowledgeable estate law attorney. We are ready to listen to your story, go over your options with you, and answer any questions you may have before guiding you through the next steps.
