Does the Estate Go to Intestate Succession

Emily was devastated. Her mother, Patricia, passed away unexpectedly, and while Patricia had a will, it was a codicil—a simple amendment—dated three months before her death. Emily discovered a much older will, drafted ten years prior, which left the bulk of the estate to Emily, not her sister. The problem? The codicil wasn’t properly witnessed. California law is very specific: a codicil must meet the same requirements as the original will – two witnesses present when the testator signs, and those witnesses also need to sign. Because of a faulty witness signature, the codicil was deemed invalid. This meant Patricia died with a revoked will and an unexecuted newer will, plunging her estate into costly and time-consuming intestate succession. Emily faced legal fees exceeding $30,000 just to fight for what she believed was her mother’s true intention.

What Happens When a Will Isn’t Valid?

When a will is deemed invalid – due to improper execution, revocation, or a lack of testamentary capacity – the estate doesn’t simply disappear. Instead, it falls into what we call intestate succession. This means the laws of California determine who receives the assets, and it might not be who the deceased intended. The rules of intestate succession are rigid and follow a specific order: spouse, children, parents, siblings, and so on. This process can often lead to unintended consequences and family disputes.

Who Decides if a Will is Valid?

Ultimately, the decision of whether a will is valid rests with the probate court. Anyone with “standing” – meaning, anyone who would financially benefit from a change in the will’s outcome – can challenge its validity. Probate Code § 48 states you cannot contest a will just because you think it’s unfair; you must be an “interested person”—meaning you would financially benefit if the current will is overturned (e.g., a child disinherited by a new will, or a beneficiary named in a previous version). This challenge is typically made through a petition to the court, requiring evidence and potentially witness testimony.

What if Someone Suspects Forgery or Fraud?

Challenges to a will frequently involve allegations of forgery or fraud. However, these are difficult cases to prove. It’s crucial to distinguish between Execution Fraud (forged signature) and Inducement Fraud (lying to the testator): “…proving a signature is fake often requires a forensic handwriting expert, whereas proving fraud in the inducement requires evidence that the testator relied on a lie (e.g., ‘your son is stealing from you’) to change their estate plan.” A successful claim requires concrete proof, not just suspicion.

Can a Caregiver Challenge a Will?

Unfortunately, the potential for abuse exists. If a senior made changes to their will shortly before their death, while under the care of someone who benefited from the new will, it raises a red flag. Probate Code § 21380 states that California law presumes undue influence if a gift is made to a care custodian of a dependent adult. The burden of proof shifts to the caregiver to prove they did not coerce the senior. If they fail, they are disinherited and often liable for attorney fees. This is a situation where swift legal action is essential.

What if the Testator Lacked Mental Capacity?

A will can also be invalidated if the testator lacked the mental capacity to understand what they were doing when they signed it. While not necessarily a case of dementia, the standard is surprisingly low. Probate Code § 6100.5 states that California uses a relatively low threshold for capacity. A person is considered of ‘sound mind’ unless they lacked the ability to understand the nature of the testamentary act, the nature of their property, or their relationship to living family members (or suffered from a specific delusion).

What is the Deadline to Challenge a Will?

Time is of the essence. IF discussing The Statute of Limitations (The Ticking Clock): You MUST cite Probate Code § 8270: “…once the will is admitted to probate, interested parties have a strict 120-day window to file a petition to revoke probate. If you miss this deadline, the will is generally locked in stone, even if it was forged or signed under duress.” This 120-day window begins from the date the will is officially admitted to probate, so acting quickly is paramount.

As an estate planning attorney and CPA with over 35 years of experience in Moreno Valley, California, I’ve seen firsthand how easily estate plans can be derailed by technical errors or unscrupulous individuals. The CPA advantage is often overlooked; understanding the step-up in basis, capital gains implications, and proper valuation of assets is critical when challenging or upholding a will. Don’t risk losing your inheritance due to a preventable mistake.

What separates an efficient California probate process from a drawn-out conflict over authority and assets?

The path through California probate is rarely a straight line; it requires precise adherence to statutory deadlines, accurate asset characterization, and strict fiduciary compliance. Without a clear roadmap, what begins as a standard administrative proceeding can quickly dissolve into a costly battle over interpretation, valuation, and beneficiary rights.

To protect against specific family risks, review heir disputes without a will, check for omitted heirs and pretermitted children, and be vigilant for signs of financial abuse concerns.

California probate is most manageable when authority is documented early, assets are classified correctly, and procedure is followed consistently from petition through closing. When the process is approached with realistic expectations about notice, claims, accounting, and dispute risk, the estate is more likely to move toward closure without avoidable conflict or delay.

Verified Authority on California Will Contests

• The 120-Day Statute of Limitations: California Probate Code § 8270
  Time is the enemy in a will contest. Under Section 8270, an interested person may petition the court to revoke the probate of a will, but this petition MUST be filed within 120 days after the will is admitted. Missing this deadline is usually fatal to the case.
• Mental Competency Standard: California Probate Code § 6100.5 (Unsound Mind)
  This statute defines exactly what “mental incompetency” means in probate. It is not just general forgetfulness; the contestant must prove the deceased did not understand the nature of the testamentary act, could not recollect their property, or was suffering from a specific hallucination or delusion that dictated the will’s terms.
• Presumption of Undue Influence (Caregivers): California Probate Code § 21380
  To protect vulnerable seniors, California law automatically presumes undue influence if a will leaves assets to a paid care custodian or the lawyer who drafted the instrument. This shifts the heavy burden of proof onto the accused to prove their innocence.
• No-Contest Clause Enforceability: California Probate Code § 21311
  Many wills contain threats to disinherit anyone who challenges them. This statute limits the power of those clauses. A beneficiary cannot be penalized for a contest if the court finds they had “probable cause” to file the lawsuit.
• Standing to Contest: California Probate Code § 48 (Interested Person)
  Not everyone can sue. To contest a will, you must qualify as an “interested person”—typically an heir who would inherit under intestate succession (if there were no will) or a beneficiary named in a prior valid will.
• Financial Elder Abuse Remedies: California Probate Code § 859 (Double Damages)
  Will contests often overlap with elder abuse claims. If the court finds that a person used undue influence, fraud, or bad faith to take assets (or change a will) to the detriment of the estate, they can be liable for twice the value of the property taken, plus attorney fees.