Can you contest a will after the probate case is done?

One question that I receive is can you contest a will after the probate case is done? And the short answer in most instances is no, you cannot contest a will after the probate case is done. The probate case will put the will at issue. And so if you are interested in contesting the will, you need to do that within the context of the probate case.

Now, the grounds for contesting the will generally have to do with either the will is not valid for some technical reason. The will is not valid because it wasn’t signed by the decedent, the person who passed away, or the will was signed, but the person who signed it was unduly influenced by another person.

So those generally are the grounds for contesting the will. And once the will is admitted into probate, that is the time for someone to raise one of these challenges as to the validity of the will. 

Quick Question Corner is a video segment where we answer common questions about estate planning and elder law. If you have similar questions, leave them in the comment section and we can feature them in one of our videos in the future.

Watch Videos about:

Search Videos:

750 F Street, Suite 2
Davis, CA 95616

333 University Ave, Suite 200
Sacramento, CA 95825

3017 Douglas Blvd, Ste 300
Roseville, CA 95616

288 Pearl Street
Monterey, CA 93940

San Antonio
18756 Stone Oak Pkwy, Ste 200
San Antonio, TX 78258

We operate on an appointment-only basis other than our Davis office.

Skip to content