Will Contests and Probate Disputes

Probates are already difficult, but probate disputes make this process even more time-consuming, burdensome, and expensive. Contested matters may involve challenges to the validity of a will, disputes over who has priority to serve as personal representative, or claims that a fiduciary has breached their duties during administration. Each type of dispute presents its own complex issues.

Will Contests

The validity of a California will is governed primarily by the California Probate Code, including sections 6100–6113. To be valid, the testator must be at least 18 years old and of sound mind at the time the will is executed. Under Probate Code section 6110, a formal will must be in writing, signed by the testator (or by another person in the testator’s presence and at their direction), and witnessed by at least two individuals who are present at the same time and who understand that the instrument is the testator’s will.

California also recognizes holographic wills under Probate Code section 6111, which are valid if the material provisions and signature are in the testator’s handwriting, even without witnesses. Failure to comply with these statutory requirements may render the will invalid or subject to contest.

These requirements are easier stated than applied. If any of these requirements are not met, a party can contest the validity of the trust. Will contests, especially those based on capacity or undue influence, require extensive discovery from doctors, drafting attorneys, witnesses, and anyone involved in the drafting.

Appointment Disputes

In a California probate proceeding, priority for appointment as personal representative is governed by California Probate Code sections 8400–8402. If the decedent left a valid will, the person nominated as executor has first priority. If there is no will, or no named executor is able or willing to serve, priority generally passes in statutory order to the surviving spouse or domestic partner, then to children, grandchildren, and other heirs. The court ultimately appoints the person with the highest statutory priority who is competent and willing to act.

Disputes arise when multiple parties seek appointment or when someone challenges the suitability of the proposed fiduciary. Allegations may include lack of capacity, conflict of interest, prior misconduct, or hostility that could impair administration. In contested matters, the court may hold an evidentiary hearing and evaluate both statutory priority and the best interests of the estate.

The outcome of an appointment dispute determines who controls estate assets, access to financial information, and litigation decisions. Thus, early strategic action and careful procedural compliance are essential.

Breach of Fiduciary Duty

A personal representative must act solely in the interest of the estate and its beneficiaries. Common allegations of breach include:

• Self-dealing or conflicts of interest
• Preferential treatment of one heir over another
• Failure to disclose material information
• Improper distributions
• Failure to follow court orders

A fiduciary does not have to be perfect, but they must act reasonably, prudently, and in good faith. When disputes arise, the central question becomes whether the representative’s decisions were defensible under the circumstances.

Waste or Mismanagement of Estate Assets

Estate assets must be safeguarded and preserved. Claims of “waste” often involve:

• Allowing real property to deteriorate
• Failing to maintain insurance
• Selling assets below fair market value
• Neglecting to collect debts owed to the estate
• Poor investment decisions

Because personal representatives control the estate’s property, courts scrutinize actions that diminish value without justification. If mismanagement is proven, the court may impose a surcharge, requiring the fiduciary to personally reimburse the estate.

Failure to Properly Account

Transparency is not optional. Beneficiaries are entitled to accurate reporting regarding estate receipts, disbursements, and distributions. Probate disputes frequently involve:

• Delayed or incomplete accountings
• Unsupported expense claims
• Excessive fiduciary or professional fees
• Unexplained transactions

Courts have broad authority to compel accountings, reduce compensation, or impose remedies where reporting obligations are not satisfied.

Removal and Surcharge Proceedings

When breaches are serious, interested parties may petition the court to remove the personal representative. Grounds for removal may include:

• Breach of fiduciary duty
• Waste or mismanagement
• Conflict of interest
• Incompetence or incapacity
• Hostility impairing administration

In addition to removal, courts may order a financial surcharge, deny compensation, or impose other equitable remedies to protect the estate.

Strategic Considerations

Probate disputes are highly procedural and often fact intensive. Because fiduciaries operate under court supervision, documentation, timing, and statutory compliance are critical.

Whether defending a personal representative against allegations or pursuing remedies on behalf of heirs or beneficiaries, early case assessment and careful evidentiary development frequently determine the outcome.