When someone dies and fails to establish an estate plan, their assets may enter the California probate process. In many instances, the probate process runs smoothly with an executor or administrator being named and assets distributed to beneficiaries. However, the probate process could be quite complicated if there are challenges from beneficiaries, creditors, or others. Understanding what triggers probate litigation in California is important.

5 Common Triggers for Probate Litigation in California

When an estate enters probate, if there is a will, the court usually names the will’s overseer as the executor of the estate. If there is no will, the court will appoint an administrator, such as a surviving spouse or adult child, to manage the estate.

If at any time any potential heirs or beneficiaries believe the appointed executor or administrator is mismanaging the estate or possibly doing something illegal, they can file a lawsuit known as probate litigation to ask the court to step in and examine the executor’s or administrator’s actions.

Under California’s probate litigation laws, there are several reasons that could trigger a probate litigation case. Five of the most common are: 

• A potential beneficiary contests the will, claiming the will is fraudulent or the deceased person was coerced into signing the will, as specified by California Probate Code Section 6104.
• Similarly with a trust, which normally doesn’t go through probate, if a beneficiary believes the trust is fraudulent or the deceased person didn’t have the mental capacity to understand their actions, they may petition for probate litigation through California Probate Code Section 17200.
• California Probate Code Sections 16060-16069 outline a trustee’s fiduciary duties. If estate heirs believe the trustee is mismanaging assets or creating other financial problems, they can file for probate litigation to ask the court to investigate it.
• If there are ambiguities in the will where the division of assets is not completely clear, a potential beneficiary can open probate litigation for the court to investigate the matter further.
• During the probate process, creditors could make claims against the estate. If creditors are not notified by the court’s deadline or if there are any disputes over how much debt the estate owes, probate litigation can be opened under California Probate Code Sections 9000-9399.

Hire a Probate Lawyer

California probate litigation laws are vast and challenging to work through if you’re not familiar with probate law. Whether you’re an heir looking to open probate litigation, or an executor or administrator being questioned by the San Diego County Superior Court, a probate litigation attorney can walk you through the process while also protecting your rights.

Hire a probate lawyer who can:

• Help you correctly file a probate litigation petition with the court.
• Thoroughly review all legal documents, including wills and trusts, to verify their validity and that they’re being followed correctly.
• Provide evidence supporting or denouncing claims of executor or administrator mismanagement.
• Interview all associated parties under oath.
• Assist with mediation and negotiations among beneficiaries.
• Represent you in probate court if your probate litigation goes to trial.

These are just a few of the ways that a California probate lawyer can help. When you hire a lawyer from Paul V.L. Campo Attorney at Law for your case, you can gain the confidence you need to navigate the probate process and know that it is fair in pursuing the outcome you desire. We tailor our services to the needs of our clients and do not rely on a one-size-fits-all approach.

FAQs

Q: How Long Can Probate Litigation Extend the Probate Process?

A: Probate litigation can greatly extend the time that the probate process takes. Generally, the probate process can take anywhere from six months to a few years, depending on its complexity. If a probate litigation case is initiated, that can potentially add another two to five years to the entire probate process.

Q: Does Dying Without a Will Increase the Risk for Probate Litigation in California?

A: Not establishing a will during your living years greatly increases the risk for probate litigation in California. As of 2025, only 24% of Americans had a will, which can lead to questions regarding how assets should be divided, what debt the estate has accrued, and what the true final wishes of the deceased person are. All these questions can open the door to probate litigation.

Q: How Can I Fight Probate Litigation Filed Against Me in California?

A: If you are a court-appointed executor or administrator who has probate litigation filed against you, you should immediately hire a probate litigation attorney. Your lawyer will build a strong case defending your actions and showing that you did not mismanage assets and have been abiding by the deceased person’s final wishes as spelled out in their will or trust.

Your attorney will also respond to any petitions filed to remove you as executor or administrator and will represent you in court while protecting your rights.

Q: What’s One Way to Protect My Family From Probate Battles?

A: One way to protect your family from future probate battles is to establish an estate plan that includes a revocable living trust. In California, living trusts are private legal agreements where you place your assets into a trust with a named successor trustee in charge of dividing your assets. Living trusts normally bypass the probate process completely, helping to protect against any probate issues.

California Probate Lawyer

There are several reasons why probate litigation might be triggered during the probate process, and being aware of them is crucial if you’re ever facing probate court in California. Whether you’re an heir who is worried about how an executor has been handling an estate, or an executor who is being unfairly judged with claims of asset mismanagement, Paul V.L. Campo Attorney at Law is here for you.

For over 40 years, Attorney Campo has been defending the rights of San Diego County residents through the probate process, as well as probate litigation. He is ready to build you a strong case to protect your interests and obtain a successful outcome. Contact our office today to find out how our knowledge and experience can help.