Legal Question in Wills and Trusts in California

You can contest a will that has a no contest clause, also called an "ad terrorem" clause. You should be aware, however, that if you contest a will, and lose, the court can exercise the clause and you will not inherit.

There are two statutory procedures to contest a will: preprobate and post probate.

The term "pre-probate contest" is a term of art that refers to objections to a will before its admission to probate. A pre-probate will contest must be filed before the hearing set by the petition for letters of administration. "When a will is contested under Section 8004, the contestant shall file with the court an objection to probate of the will." (Prob. Code, � 8250).

A post probate will contest is called "revocation of probate." The time for filing a post probate objection is 120 days after the will is admitted to probate. "Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person who had actual notice of a will contest in time to have joined in the contest, may petition the court to revoke the probate of the will." (Prob. Code, � 8270).

There are only two procedural methods for challenging a will, a contest before a will is admitted to probate, and a contest after a will is admitted to probate. A historical discussion of these two procedures is set forth with more detail in Estate of Horn. "Former Probate Code sections 370 and 380 provide separate procedural routes for contesting a will. Section 370 authorizes a contest before the will is admitted to probate; section 380 authorizes the contest after the will is admitted." 219 Cal. App. 3d 67, 69 (emphasis added, footnotes omitted).

In the event of a timely objection to the petition for probate, no proferred will may be probated until the contest is resolved by a bench trial, and an order admitting a will to probate is appealable.

I'm not sure where you are in this time frame.